HomeMy WebLinkAbout854 CollinsSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In re: Robert N. Collins : File Docket: 87 -108 -C
. Date Decided: September 15, 1992
: Date Mailed: September 18, 1992
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, No. 170 of 1978, P.L.
883. Written notice, of the specific allegation(s) was served at
the commencement of the investigation. A Findings Report was
issued and served, upon completion of the investigation, which
constituted the Complaint by the Investigation Division. An Answer
was not filed and a hearing was waived. A Consent Order was
submitted by the parties to the Commission for consideration which
was subsequently approved. This adjudication of the Commission is
hereby issued which sets forth the individual Allegations, Findings
of Fact, Discussion, Conclusions of Law and Order.
This adjudication is final and will be made available as a --
public document fifteen days after issuance. However,
reconsideration may be requested which will defer public release of
this adjudication pending action on the request by the Commission.
A request for reconsideration, however, does not affect the
finality of this adjudication. A reconsideration request must be
received at this Commission within fifteen days of issuance and
must include a detailed explanation of the reasons as to why
reconsideration should be granted in conformity with 51 Pa. Code
52.38.
The files in this case will remain confidential in accordance
with Section 8(a) of Act 170 of 1978 during the fifteen day period
and no one unless the right to challenge this Order is waived, may
violate confidentiality by releasing, discussing or circulating
this Order. However, confidentiality does not preclude discussing
this case with an attorney at law.
Any person who violates confidentiality of the Ethics Act is
guilty of a misdemeanor subject to a fine of not more than $1,000
or imprisonment for not more than one year, 65 P.S. 409(e).
Collins, 87 -108 -C
Page 2
I. ALLEGATION:
That Robert Collins, a Councilman for Linesville Borough,
Crawford County, violated the following provisions of the State
Ethics Act (Act 170 of 1978) when he participated in borough
decisions to require residents to repair sidewalks, subsequently
contracted with borough residents to do the repairs and then, as a
borough official, inspected his work; and when he contracted with
the borough from 1987 through 1991 to perform backhoe work and
excavating services without a open and public process; and when he
failed to file Statements of Financial Interest for the 1987 and
1989 calendar years:
Section 3. Restricted Activities
(a) No public official or public employee
shall use his public office or any
confidential information received through his
holding public office to obtain financial gain
other than.. compensation provided by law for
himself, a member of his immediate family, or
a business with which he is associated.
(c) No public official or public employee
or a member of his immediate family or any
business in which the person or a member of
the person's immediate family is a director,
officer, owner or holder of stock exceeding 5%
of the equity at fair market value of the
business shall enter into any contract valued
at $500.00 or more with a governmental body .
unless the contract has been awarded through
an open and public process, including prior
public notice and subsequent public disclosure
of all proposals considered and contracts
awarded. Any contract made in violation of
this subsection shall be voidable by a Court
of competent jurisdiction if the suit is
commenced within 90 days of making of the
contract.
65 P.S. SS403(a), (c).
Section 4. Statements of Financial Interest
required to be filed.,
(a) Each public employee employed by the
Commonwealth shall file a Statement of
Financial Interests for the preceding calendar
year with the department, agency or bureau in
which he is employed no later than May 1st of
Collins 87 -108 -C
Page 3
65 P.S.S404 (a).
II. FINDINGS:
Finding 1 through 17 relate to Allegation A.
1. Robert N. Collins has served as an elected Linesville Borough
Council member since January 6, 1986.
2. Collins has served as Chairman of the Borough Sidewalk
Committee from 1986 until September, 1991.
a. On January 12, 1987, the Sidewalk Committee merged with
the Streets Committee to form the Streets and Sidewalk
Committee.
b.
each year that he holds such a position and of
the year after he leaves such a position. Any
other public employee shall file a Statement
of Financial Interests with the governing
authority of the political subdivision by
which he is employed no later than May 1st of
each year that he holds such a position and of
the year after he leaves such a position.
1. Collins continued to serve as Chairman.
Members of the Sidewalk & Streets Committee included:
1.
1986 -1987 Robert Collins,
Godsave.
2. 1988 -1989 Robert Collins,
McGrath.
1. Whenever Council shall order
constructed, reconstructed or
portion of any street in the
Wayne Garlick, Bob
Wayne Garlick, Kevin
3. 1990 -1991 Robert Collins, Curt Gee, Robert Hunter.
3. Linesville Borough Ordinance #1985 -239 pertains to the
construction, reconstruction or repair and removal of various
materials and obstruction from the sidewalks in the borough.
a. The effective date of this Ordinance, April 1, 1985, was
prior to Collins becoming a council member. (See Finding
#1).
b. Provisions of the Borough's Sidewalk
part:
Ordinance include in
that a sidewalk be
repaired along any
borough, and shall
c o I 87 -108 -C
Page 4
cause written notice to be served upon the persons
effected, or posted upon the effected properties,
every owner of real estate funding or abutting upon
that portion of the street shall be required,
within (30) days after receiving notice from
Council, to construct, reconstruct or repair the
sidewalk, as the case may be. The sidewalk shall
be constructed, reconstructed or repaired according
to specifications adopted by the Council and in
force at the time of the work, it shall conform to
the proper grade and line, and crosswalk markings
whenever applicable. It is the obligation of the
property owner to maintain their mowing strips.
2. All repairs, reconstruction, or removal of existing
sidewalks shall be subject to supervision and
approval of the borough council or it's authorized
agent or representative.
3. All new and reconstructed sidewalks shall have curb
cut ramps accessible to and usable by the
handicapped where ever applicable.
4. Any property owner who fails, neglects or refuses
to comply with any provision of this section or
with any notice given by authority of it, within
the required time limit, the borough shall have
authority to construct, reconstruct or repair the
sidewalk, as the case may be, or to complete, any
work not completed or rectify any work not in
conformity with the requirements of this section or
the notice, and to collect the cost of the labor
and materials, with an additional amount of ten
percent (10 %), plus interest at the maximum rate
approved for municipal claims, from the property
owner in default, by filing a municipal lien
against the effected property or in any manner
provided by law for the collection of municipal
claims.
4. On March 2, 1987, Section 2 (a) of the Borough Sidewalk
Ordinance, 1985 -239 was amended changing the compliance time
from 30 days to 120 days after Council notification.
5. Responsibilities for members of the Sidewalk Committee
include:
a. An annual spring inspection of the borough sidewalks.
b. A subsequent Report of Findings to council with
recommendations.
Collins, 87 -108 -C
Page 5
c. Reinspection for
Ordinance after
Council.
6. Recommendations by the
78 sidewalk notices to
a. 1987 - 32 notices
b. 1988 - 15 notices
c. 1989 - 13 notices
d. 1990 - 3 notices,
a. March 2, 1987:
compliance with the Borough Sidewalk
written notification is given from
Sidewalk Committee to Council prompted
be sent out between 1987 and 1991.
, Penn Street area.
, Penn Street /Mercer Street area.
, Mercer Street /Erie Street area.
commercial properties Erie Street
e. 1991 - 15 notices, Church /Erie /Mercer Streets.
7. Robert N. Collins is a contractor by trade.
a. Collins owns and operates a business known as Robert N.
Collins Builder, 146 N. Church Street, Linesville, PA
16424.
b. Collins was in the contracting business the entire time
he served on Council.
8. Robert N. Collins is not the only contractor in the Linesville
area. Others include:
a. David Oskin
b. Bruce tiering
c. Red Denmark
9. Minutes of the Linesville Borough Council meetings reflect the
following discussion and action taken regarding the sidewalks
on the Penn Street section of town.
"A motion was made by Bob Collins to send Sidewalk Repair
Notices to property owners on both sides of Penn Street,
starting at the Little League Field on the South Side,
going up to (the) Watsons (residence) and starting at the
Sherretts Building on the North Side going up to Klines.
Notices will be sent out March 15th, giving the property
owners 120 days to repair. If they do not repair the
sidewalk, then the borough will replace it, and put a
lien against the owner's property. Notices will be sent
out to others that have not complied in the past, Wayne
Colli{, 87 -108 -C
Page 6
Garlick seconded, and all council members present voted
yes, except Byron Wheeler, motion carried."
"Bob Collins asked the Solicitor if there would be any
problem in changing the thirty days to 120 days in the
Sidewalk Ordinance for the repair of the sidewalks.
David Hotchkiss did not see any problem with this."
Present:
Mayor:
Absent:
Collins, Garlick, Godsave, Noble,
Wheeler, Jost
Kimple
Kennedy
b. April 6, 1987:
"Five citizens living on Penn Street which all received
sidewalk notices came with concerns about the sidewalk
repair. Ed Kline stated his sidewalk was smooth with no
cracks and was two inches above the curb. He didn't feel
it was necessary to replace the sidewalk. Ed stated he
could put a handicapped ramp in on the East side next to
Provost. Ed also stated he didn't go along with these
specifications because they were not a part of the
ordinance. PennDOT specifications called for 8" above
the curb. Byron Wheeler stated the council had the power
to change and update the specifications. Bob Collins
said the specifications that were sent out coincided with
PennDOT specifications. Bob Collins told Ed Kline it
wouldn't be fair to his neighbors if they replaced their
sidewalks and Ed didn't and his would not match up. Jack
Sindlinger said he knew his sidewalk was in bad need of
being replaced and he would be more than willing to,
after the ditch that ran between the sidewalk and the
street was taken care of. Jack wanted to know what would
hold the sidewalk up. Bob Collins said he had contacted
PennDOT about taking care of the ditch. Bob said you
can't get PennDOT out here in one day's time. Bob told
the concerned citizens to contact him just before they
were ready-to repair the sidewalks and he would be out to
resolve the ditch problem. Bob said he felt having only
five citizens come and complain out of thirty notices was
a good percentage. Bob said most of the people he talked
to were more than willing to work together on this. The
citizens wanted to know why Penn Street was singled out.
Bob Collins said because it was a main thoroughfare in
town.
Jack Sindlinger wanted to know why some of the newer
homes did not have sidewalks in front on them. Citizens
asked why some of the others on Penn Street did not get
notices. Bob Collins explained that the Sidewalk
Collins, 87 -108 -C
Page 7
Committee would be sending out notices to anyone that had
been involved in a project before and did not repair
their walks. He also said they were going to send
notices to residents who will have to have their
sidewalks replaced next year. This will give the
citizens more time to prepare for replacing their
sidewalks. Bob said the council will be deciding tonight
whether to send notices to the others on Penn Street.
Jack Sindlinger wanted to know who would be doing the
sidewalks for the borough if someone did not replace
their own. Bob Collins said the borough would probably
seeks bids and charge 10% over cost. Anyone who doesn't
pay for the cost would have a lien put against their
property. Mr. Gregg wanted to know why using wire mesh
was necessary. He felt it was costly. Bob Collins told
him that these sidewalks were intended to last 20 to 30
years. Bob said the wire mesh keeps the sidewalk from
cracking and prevents one slab upheaving by itself. The
slabs will also stay at the same level. Mr. Mitchell
complained about heavy trucks driving on the sidewalk.
Council suggested notifying these businesses and asking
them to stay off the sidewalks."
Bob Collins said Bietz, Whites, Harshaws, Furmans, and
the Linesville Municipal Authority have not been issued
Sidewalk Notices. These places do not have sidewalks in
front of them at the present time. Bob wanted to know
how the other members felt about sending these residents
notices to put sidewalks in.
A motion was made by Ralph Kennedy to (send) Bietz,
Whites, and Harshaws notices to have sidewalks put in.
Mary Noble seconded (the motion) and all council members
present voted yes, except Byron Wheeler, the motion
carried. Byron Wheeler was concerned about the cost of
the fill for the sidewalks. He said 125 loads would cost
$6,000.00. Bob Collins didn't agree with that figure and
said he would get a quote on fill. Then members
discussed what type of fill should be used. Byron
Wheeler suggested getting bids for this amount of fill
and asked the Solicitor if he agreed. The Solicitor said
to be on the safe side, he would treat this (as) a
project and seek bids.
Present: Garlick, Collins, Noble, Wheeler, Kennedy
Mayor: Kimple
Absent: Godsave, Jost
c. May 4, 1987:
Collins, 87 -108 -C
Page 8
"Ed Kline asked council why it wasn't in last month's
minutes (that) the Solicitors opinion was that the
sidewalk notices could be taken to court and beat. The
secretary said it was not in the minutes (because) it
(did) not pertain to any motion and was only an opinion.
The tape of the meeting is available."
"Dave Corey came to question the council on sidewalk
matters. Mr. Corey had copies of outdated ordinances on
sidewalks. He also had the Sidewalk Ordinance that (was)
up to date. Dave Corey wanted to know how council could
wipe away sections of past ordinances."
10. During the spring and summer months of 1988, Collins
contracted with several Penn Street residents for the
installation of sidewalks.
a. Contractual Agreements were reached after Notification
Letters were sent to residents.
b. Collins was requested by residents to install sidewalks
while installing ones for his family members on Penn
Street.
11. Collins is known to have installed sidewalks for Penn Street
residents:
Robert Grimes
b. Patricia Powers
c. Edward Kline
d. Henry Gregg
e. Eugene Gillette
f. William Medor
a.
12. There is no indication that Collins coerced anyone to utilize
his services.
13. In addition to the sidewalks Collins personally installed, he
provided price quotes for repair work at:
a. The Linesville Presbyterian Church.
b. A property owned by James Schwartz, 574 Penn Street.
14. Sidewalks were installed at a pre - determined price per running
Collins, 87 -108 -C
Page 9
foot.
a. Some properties also involved landscaping work.
15. Residents had their choice of contractors.
a. Residents could install their own
they met borough specifications.
b. No lists of contractors were
Notification Letter.
sidewalks, provided
provided with the
16. As a member of the Borough Sidewalk Committee (Finding #2),
Collins was responsible for reinspecting properties which
receive sidewalk repair notices.
a. Collins inspected and reinspected sidewalks installed by
him as listed in Finding (12) for compliance with the
Borough's Sidewalk Ordinance.
17. Collins was the only member of the Borough's Sidewalk
Committee with the technical knowledge to set specifications
and install sidewalks.
a. No engineer was ever consulted.
b. The Borough Solicitor's sole involvement with the
sidewalks was regarding the legality of the borough's
ordinance.
Finding 18 through 29 relate to Allegation B.
Finding 1 through 17 are incorporated by reference.
18. Financial records of Linesville Borough include invoices from
Robert Collins /Robert Collins Builder to the borough.
a. Invoice date - October 2, 1986, in the amount of $475.00.
This invoice is missing from borough records.
b. Invoice date - April 27, 1987, in the amount of $50.00,
for backhoe work, on the fire hydrant, behind the post
office.
c. Invoice date - April 27, 1987, in the amount of $179.14,
for a 1/2" drive Milwaukee drill. A notation on the
invoice states, "on sale at discount," with a retail
price listed as $204.35.
d. Invoice date - September 1, 1987, in the amount of
$86.40. Invoiced items are listed as clay bricks at $ .12
Collins, 87 -108 -C
Page 10
g-
i
each.
e. Invoice date - September 1, 1987, in the amount of
$26.24, for 4 1/2 cubic yards of 3500 PSI concrete for a
sidewalk at the Brubaker residence.
f. Invoice date - May 1, 1989, in the amount of $223.50.
Billings listed as $277.50, with a notation, less
personal donation of $54.00, for a total of $223.50.
Invoice date - May 1, 1989, in the amount of $275.53, for
materials.
h. Invoice date - June 4, 1989, in the amount of $1,996.35.
A break down is $650.00 for Bruce tiering; labor on the
Erie Street Reservoir and $1,346.35 to Douglas Lumber for
materials. A notation on the invoice states that the
above were paid by Robert Collins in order to receive
(his) discounts.
i. Invoice date - February 27, 1990, in the amount of
$931.20. A notation on the invoice indicates that
windows were purchased at net cost, as per attached
invoice. Attached to the invoice is a billing from R &
S Metals Company, P. 0. Box 725, Clarion, PA 16214 to
Robert Collins Construction, 146 North Church Street,
Linesville, PA. This invoice indicates a 20% discount
for a net cost to Collins of $931.20. The list price for
these windows was $1,164.00.
. Invoice date - May 5, 1990, in the amount of $1,094.93.
Items invoiced included window trim, electrical supplies
and lumber. Attached to this invoice is billings to
Collins from the Douglas Company, the Hite Company,
Meadville, R & S Metals Company, and an itemized list of
materials used by Collins.
k. Invoice date - May 4, 1990, in the amount of $113.00.
Items invoiced consist of electrical supplies at various
prices.
1. Invoice date - May 3, 1991, in the amount of $460.16.
Items invoiced included, miscellaneous electrical
fittings, a window lock and a fire proof filing cabinet
for $300.00.
This fire proof cabinet came from a bank building that
Collins purchased. No bids were obtained by the borough
for it.
19. Robert N. Collins business records include invoices for
Collins, 87 -108 -C
Page 11
supplies that Collins furnished the borough, but did not
submit to the borough when invoicing the borough.
a. Collin's invoice dated May 1, 1989, in the amount of
$223.50 for an office water heater.
Affixed to Collins invoice is a parts list statement from
Kightlinger Supply, RD #1, Box 64A, Espyville, PA 16424,
412 927 -6515, dated 3/24/89, in the amount $20.47 for
plumbing hardware.
Invoice dated 3/23/89, from R. E. Mitchel Company, P. 0.
Box 2318, Baltimore, Maryland 21203; Meadville Store, 177
Mercer Street, Meadville, PA 16335, 814 724 -8046, $108.12
for a water heater, and a statement dated April 27, 1989,
on Robert N. Collins Builder letterhead, listing
materials furnished from stock for the installation of an
office water heater, $94.91. Items listed include
electric materials and plumbing materials. Total parts
cost: $222..75. Collins invoiced the borough $223.50 for
a profit of $.75.
b. Collin's invoice dated 5/1/89 in the amount of $275.53
for materials supplied for the park lighting. Invoices
to Collins include a $35.00 charge for an electrical
inspection on April 26, 1989, and invoices from the Rite
Company, 138 Baldwin Street, Meadville, PA 16335, 814
336 -2071. Items on the invoice contain various wires,
solder, electrical equipment and connectors for a total
price of $212.85.
Invoice dated April 11, 1989, from the Hite Company, 138
Baldwin Street, Meadville, PA 16335, 814 336 -2071 to
Robert Collins for electrical accessories, $27.68. Total
materials, $275.53.
Collins invoiced the borough $275.53. Collins performed
this work at his cost for the borough.
c. Collin's invoice dated April 27, 1987, for a drill, the
retail price is listed as $204.35. Collins charged the
borough $179.14.
An invoice from Venango Plumbing & Supply Incorporated to
Robert Collins, dated 4/13/87, in the amount of $355.04.
Of that is a $169.00 charge for a Milwaukee drill. The
additional charge on the drill was for sales tax bringing
the total to $179.14, which Collins invoiced the borough.
d. Collin's invoice dated 6/4/89 in the amount of $1996.35
for repairs to the reservoir. $650.00 is listed a
Colj,ins, 87 -108 -C
Page 12
subcontractor charge to Bruce L. Giering while the
remainder ($1,346.35) was from Douglas Lumber for
materials.
An invoice was included Bruce Giering Contractor,
Linesville, PA 814 683 -5063. Invoice dated 5/19/89 in
the amount of $650.00. The invoice indicated supply
"labor only on water building" with a notation paid by
Bob Collins, 5/15/89.
The Douglas Company, 161 East Jefferson St., Jefferson,
Ohio 44047, 216 - 576 -3010
Invoice dated 5/28/89 in the amount of $78.65 for seven
(7) 4 x 8 x 1" blue dow boards.
Invoice dated 5/28/89 in the amount of $1505.78 for
nails, and lumber.
A handwritten notation on this slip indicated Pd.
check #520 6/6/89, $1346.35. This was the amount Collins
invoiced Linesville Borough for, for the projects lumber.
Douglas Company invoice dated 5/31/89 indicating a credit
on tax charge of $85.23, for tax charged on their 5/28/89
invoice in the amount of $1505.78.
20. Financial records of Linesville Borough include payments to
Robert N. Collins from " "their Public Utility System fund,
maintained at Penn Bank, 201 Erie Street, Linesville, PA
16424; account #939722.
Check
1886
drill
2051
2836
2890
21. Financial records of Linesville Borough include payments to
Robert Collins from their General Fund Account maintained at
Penn Bank, 201 Erie Street, Linesville, PA 16424; Account
#000 -111.
Check #
6039
6417
6478
Date Amount
5/5/87 $ 139.57
9/15/87 112.64
5/2/89 111.75
6/19/89 1196.35
Date
5/2/89
3/6/90
5/8/90
Amount
$ 387.28
931.20
1094.93
Reason
4/27 billing,
9/1/87 bills
1/2 water heater
Not listed
Reason
Not listed
Not listed
Office material
Collins, 87 -108 -C
Page 13
22. Linesville Borough records do not include any bid records for
the items listed in Finding #19.
a. No open or public process was followed for those items.
b. Invoices provided by Collins to the borough indicate he
provided materials at a discounted rate or his cost.
23. Robert Collins did not make a profit on the items purchased
for borough projects or for the work performed thereon.
24. Collins participated in voting on bill lists which contain
payments to himself and /or Robert N. Collins Builder six times
between January, 1986 and July, 1991.
a. Bill lists are voted on in their entirety.
b. Votes generally pass unanimously with no abstentions
noted on Collins part.
25. Collins voting practices as reference in Finding #24 are as
follows:
a. October 6, 1986:
"A motion was made by Mary Noble to approve all checks
written from the General Fund for September, 1986, and to
pay all current bills due from the General Fund for
October, 1986. Bob Godsave second it, all council
members present voted yes and the motion carried."
"A motion was made by Bob Godsave to approve all checks
written from Federal Revenue Sharing Fund for September,
1986, and to pay all current bills due from the Federal
Revenue Sharing Fund for October, 1986. Mary Noble
seconded it, and all council members present voted yes."
Present: Collins, Godsave, Garlick, Noble, Wheeler
Mayor: Kimple
Absent: Jost, Kennedy
The bill list for October 6, 1986, includes two payments
to Collins. Payments included $19.00 from the General
Fund and $456.00 from the Federal Revenue Sharing Fund.
b. May 4, 1987:
"A motion was made by Ralph Kennedy to approve all checks
written from the General Fund for April, 1987, (with the)
except(ion) of check #5038 to Stan Jacobs. Byron Wheeler
seconded it and all council members present voted yes.
Collins,, 87 -108 -C
Page 14
Present: Collins, Garlick, Godsave, Noble, Kennedy,
Wheeler
Mayor: Kimple
The May, 1987 bill list contains an $89.57 payment to
Robert Collins for 1/2" drill.
c. September 14, 1987:
"A motion was made by Mary Noble to approve all checks
written from the Public Utility Fund for August, 1987,
and to pay all current bills due from the Public Utility
Fund for September, 1987."
"Byron Wheeler questioned the payment to Robert Collins
for bricks, and Lou Jost for reimbursement (of) water
line work. After (some) discussion, Byron Wheeler made
an amended motion to pay the public utility bills, noting
(that) if the borough moves a property owner's curb box
to the inside of the sidewalk, the property owner has the
option of getting his water line to the house replaced at
$1.00 per foot. Bob Godsave seconded it, all council
members present voted yes, and the motion carried."
Present: Collins, Garlick, Godsave, Noble, Wheeler,
Jost
Mayor: Kimple
The September, 1987 bill list contained a $112.64 payment
to Robert N. Collins with a notation next to it, brick,
concrete.
d. July 10, 1989:
"A motion was made by Wayne Garlick and seconded by Kevin
McGrath to approve all bills due from (the) General Fund,
Public Utility and Highway Aide (Funds) for July and to
approve all checks written (from) the funds needing
approved for June, 1989. A verbal vote was taken, all
present voted yes with the exception of Byron Wheeler who
voted no. Motion carried."
Present:
Mayor:
Collins, Gee, Garlick, Hunter, McGrath,
Wheeler, Jost
Noble
The June, 1989 Public Utility Fund included check no.
2890 in the amount of $1,996.35 to Robert Collins for the
Erie Street Reservoir Roof.
Collins,, 87 -108 -C
Page 15
e. March 5, 1990:
"A motion was made by Lou Jost and seconded by Bob Hunter
to pay all bills due (from) the General Fund, Highway
Aide and Public Utility (funds) for the month of March
and to approve all checks written from the funds needing
approval. A verbal vote was taken, all present voted yes
and the motion carried."
Present: Collins, Garlick, Gee, Hunter, Jost, Wheeler,
McGrath
Mayor: Noble
The March, 1990 bill list contained a $931.20
reimbursement to Robert Collins for windows.
f. May 6, 1991:
"A motion was made by Curt Gee, seconded by Carl Gulden
to approve..(all) the checks written and to approve for
payment all bills due the General Fund, Public Utility
and Highway Aide for May. A verbal vote was taken, all
present voted yes. The motion carried."
Present: Collins, Gee, Gulden, Jost, Wheeler
Mayor: Noble
Absent: Hunter, Garlick
The May, 1991 bill list contained a $460:16 payment to
Robert Collins Construction for office material.
26. Meeting minutes of the Linesville Borough Council include a
discussion regarding Collins performing work for the borough
while serving as a council member.
Meeting minutes from the borough's October 6, 1986, meeting,
reflect Collin's addressing council and Solicitor David
Hotchkiss, Esq., advice. Minutes of October 6, 1986 state in
part:
"Bob Collins reported that the Municipal Authority had put out
the bids for the replacement of the Erie Street Reservoir, and
bids will be opened October 14th, at the next Municipal
Authority meeting. Bob had gone to the Municipal Authority
Meeting when the engineer brought the blue prints and gave
suggestions on the construction of the reservoir. Bob Collins
asked the solicitor if there was any reason why he couldn't
bid on the reservoir project. The solicitor read from the
Borough Code Book and stated that no borough official can be
directly or indirectly involved in any contract or money
expenditure with the borough. The borough is contributing
Collins,, 87 -108 -C
Page 16
$17,000.00 to the project."
Present: Collins, Godsave, Garlick, Noble, Wheeler
Mayor: Kimple
Absent: Jost and Kennedy
a. Collins did not bid on this project. He volunteered
labor and materials to expedite the projects completion
preventing a borough water emergency.
27. After being made aware of the contracting .provision of the
Borough Code, Collins continued to have business dealings with
the borough.
28. Minutes of the Linesville Borough Council meeting reflect
Robert Collins volunteering his services to save the borough
money. These are in addition to items Collins provided at
cost, referenced in Finding #19 and 20.
a. June 2, 1986
Collins offered to use his services and equipment for the
sidewalk replacement at Triangle Park.
b. February 2, 1987.
Collins offered to get a better deal for the borough on
a police cruiser. Collins believed that he could get a
better price for the borough than they could purchase the
vehicle from the state. By March 2, 1987, Collins
reports back to Council that he could not get a better
price.
c. April 6,1987
Collins offered to take care of a ditch problem that
arose over a dispute between PennDOT and a borough
resident.
Finding #29 through 31 relate to Allegation C.
29. Statements of Financial Interests on file with Linesville
Borough include the following filings by Collins:
a. Calendar year 1990:
Filed: 3/3/91 on SEC Form 1/90
Position: Borough Councilman
Real Estate Interest: $1,250,000.00
Creditors: Penn Bank, variable rate; Marquette
Savings 9.5 %; Colonial Savings Bank;
Collins, 87 -108 -C
Page 17
9.25%
Direct /Indirect Income: Rental Income; Social Security
Office /Directorship in any Business: Robert Collins
Rentals; Robert Collins Builder
Financial Interest in any Business: None
All other Financial Interest: None
1. Collins failed to list his financial interest in
Robert Collins Rental or Robert Collins Builders.
2. Collins lists real estate interest as $1,250,000.00
worth. It is believed that this is his total real
estate worth not real estate transferred to the
Commonwealth of Pennsylvania. Collins does rent
several post offices to the Federal Government in
Northwestern Pennsylvania.
3. Collins failed to list income from Robert N.
Collins Builder.
b. Calendar Year 1989:
No statement on file
c. Calendar Year 1988:
Filed January 8, 1989 on SEC Form 1/89
Position: Borough councilman
Creditors: Colonial Savings Bank, 9.15 %; Marquette
Savings, 9.25%
Income: Robert Collins Builder, Robert
Collins Rental
Office /Directorship: Robert Collins Builder
Financial Interest in Business: Robert Collins Builder
1. Collins lists this information as being for
the calendar year January through December, 1989,
but this form was dated January 8, 1989 as such the
form must relate to 1988.
d. Calendar Year 1988:
Filed: May 22, 1989 on SEC Form 1/89
Position: Borough Councilman
Creditors: Colonial Savings Bank, 8.75 %; Marquette
Savings Association, 9.25 %.
Direct /Indirect Income: Robert Collins Builder, Robert
Collins Lease and Rental
Property.
Office /Directorship in any business: None
Financial Interest in any business: Robert N. Collins,
Builder
Cgllin3 87 -108 -C
Page 18
e. Calendar Year 1987:
No statement on file
f. Calendar Year 1986:
Filed: April 21, 1987
Position: Councilman
Creditors: Penn Bank, 2% over prime; Marquette
Savings Association, 9 %; Colonial Savings
Bank, 9%
Direct /Indirect Income: Robert Collins Builder; Robert
Collins Rental
Office /Directorship in any business: R. N. Collins
Builders; R. N.
Collins Rentals
Financial Interest in any Business: None
30. On March 24, 1992, Collins forwarded the following Statements
of Financial Interest to the Ethics Commission:
a. Calendar year: 1990
Filed: 4/11/90 on SEC Form 1/92
Real Estate Interests: $1,250,000.00
Creditors: Marquette Savings, Erie, 9.25 %; Colonial
Savings Bank, Wexford, 9.25%
Direct /Indirect Income: Rental income from various
properties all located in
Northwest Pennsylvania; Social
Security
Office Directorship in any business: Robert N. Collins
Rentals; Owner and CEO; Robert N. Collins Builder Owner
& CEO.
All other Financial Interests: None
1. This form is dated 4/11/90 on SEC Form 1/92.
Said form, however, could not have been filed on
that date in that the form was not available for
circulation until January of 1992, and he dated it
April 11, 1990. Also, on the form is a notation
stating, filed with County Election Board.
b. Calendar year: 1988
Filed: 5/22/88 on SEC Form 1/89
Real Estate Interests: None
Creditors: Colonial Savings Bank, Erie, 8.75 %;
Marquette Savings, Meadville 9.25%
Direct /Indirect Income: Robert N. Collins
Builder; Robert N. Collins
Lease & Rental Properties
Financial Interest in any business: Robert N. Collins,
Builder
All other financial interest: None
tolling, 87 -108 -C
Page 19
1. This form is a copy of a previously filed form (See
Finding 29 (d). However, one change has been made
thereafter. The original form had the number 9 in
the last digit of the year. The bottom half of the
9 on the resubmitted form is filled in with blue
ink changing it to an 8. The result is to change
the filing date to May 22, 1988.
31. Discrepancies noted on Statements of Financial Interests forms
submitted by Collins include:
a. Calendar year: 1990 (Finding 29 (a).
Filed March 3, 1991 on SEC Form 1/90.
1. $1,250,000.00 listed as real estate interests. (No
other specifics provided)
2. Failure to list complete sources of income from
rental properties.
3. Failure to list his financial interest in Robert
Collins Builder and Robert Collins Rental.
b. Calendar year 1990
Filed: April 11, 1990 on SEC Form 1/92
1. This form was backdated given that the form was not
available until January, 1992.
2. Listing real estate interests of $1,250,000.00 (no
other specifics provided)
3. Failure to list specific sources of income from
rental properties.
4. Failure to list his financial interest in Robert N.
Collins Rentals and Robert N. Collins Builder.
c. Calendar year: 1989 (Finding 29 (c)
Filed: January 8, 1989 on SEC Form 1/89
1. Direct and indirect income: Failure to list
specific sources of income from rental properties.
2. Office directorship and employment: Failure to
list Robert Collins Rentals.
3. Financial Interest in any business:
Failure to list Robert N. Collins Rentals.
d. Calendar year: 1988 (Finding 29 d); 30 (b)
Collins, 87 -108 -C
Page 20
e .
f.
As a
Robert N.
that term
$1.1. As
Ethics Act
Filed: May 22, 1988 on SEC Form 1/89
1. Collins failed to list specific sources of income
from rental properties.
2. Collins failed to list his office /directorship in
Robert N. Collins Builder and Robert N. Collins
Rental.
3. Collins failed to list his financial interest in
Robert N. Collins Rental.
Calendar year: 1986 (Finding 29 (f).
Filed: April 21, 1987 on SEC Form 1/87
1. Collins failed to list specific sources of income
from rental properties.
2. Collins failed to list his financial interest in
Robert N. Collins Builder and Robert N. Collins
Rentals.
There are no statements on file with the borough for
Filing year 1988 (Re 1987 interests)
Filing year 1990 (Re 1989 interests)
1. There is a 1990 form that was provided to the SEC
by Robert Collins which was purportedly filed with
the county board of elections (See Findings 30(a)I
31 (b)
DISCUSSION:
Councilman for Linesville Borough, Crawford County,
Collins, hereinafter Collins, is a public official as
is defined in the Ethics Act, 65 P.S. S402; 51 Pa. Code
such, his conduct is subject to the provisions of the
and the restrictions therein are applicable to him.
Initially, it is noted that Section 9 of Act 9 of
1989, P.L. 26, provides, in part, as follows:
"This amendatory act shall not apply to
violations committed prior to the effective
date of this act, and causes of action
initiated for such violations shall be
governed by the prior law, which is continued
in effect for that purpose as if this act were
not in force. For the purposes of this
section, a violation was committed prior to
the effective date of this act if any elements
June 26,
Collins, 87 -108 -C
Page 21
of the violation occurred prior thereto."
Since the occurrences in this case transpired prior to the
effective date of Act 9 (June 26, 1989), we must apply the
provisions of Act 170 of 1978, P.L. 883, to determine whether the
Ethics Act was violated.
Under Section 3(a), quoted above, this Commission has
determined that use of office by a public official to obtain a
financial gain for himself or a member of his immediate family or
a business with which he is associated which is not provided for in
law transgresses the above provision of law. Thus, use of office
by a public official to obtain a financial gain which is not
authorized as part of his compensation is prohibited by Section
3(a): Hoak /McCutcheon v. State Ethics Commission, 77 Pa. Commw.
Ct. 529, 466 A.2d 283 (1983); Yacobet v. State Ethics Commission,
109 Pa. Commw. Ct. 432 531 A.2d 536 (1987). Similarly, Section
3(a) of the Ethics Act would prohibit a public official /employee
from using public office to advance his own financial interests;
Koslow v. State Ethics Commission, 116 Pa. Commw. Ct. 19, 540 A.2d
1374 (1988).
In addition, Section 3(c) of Act 170 of 1978 specifically
provides in part that no public official or member of his immediate
family or business with which he or a member of his immediate
family is a director, officer, owner or holder of stock exceeding
five percent of the equity at fair market value may enter into a
contract with his governmental body valued at five hundred dollars
or more unless the contract is awarded through an open and public
process.
Section 4(a) of the Ethics Act quoted above requires that each
public employee and each public official (Kremer v. State Ethics
Commission, 56 Pa. Commw. 160, 424 A.2d 968 (1981)) must file a
Statement of Financial Interests for the preceding calendar year of
the year in which he is employed or served and for the year after
he leaves such position.
The issue before us is whether Collins violated Sections 3(a),
3(c) and 4(a) of Act 170 of 1978: regarding his involvement in
borough decisions for residents to repair sidewalks and his
contracting with residents to do sidewalk work followed by his
inspection of that work as a borough official; regarding
contracting with the borough from 1987 through 1989 as to backhoe
work and excavation services without an open and public process and
for failing to file Statements of Financial Interests (SFI) for the
1987 and 1989 calendar years.
Collins has served as a member of Linesville Borough Council
from January 6, 1986, and also as Chairman of the Borough Sidewalk
Committee which was merged with the Streets Committee. Linesville
Collins 87 -108 -C
Page 22
Borough has an ordinance, No. 1985 -239, which provides in part that
the Borough may direct an owner of real estate to either install or
repair a sidewalk and, if there is a failure to comply, the Borough
may take action to do the work and assess the costs against the
real estate owner by collection or the filing of a municipal lien.
The members of the Sidewalk Committee had duties and
responsibilities of performing an annual spring inspection of
Borough sidewalks, preparing a findings report with recommendations
to Council and lastly re- inspecting for compliance after written
notification is issued to the property owner.
From 1987 to 1991 there were seventy -eight sidewalk notices
issued by the Borough as a result of recommendations from the
Sidewalk Committee. As a member of Council, Collins did
participate in the process of issuing Sidewalk Repair Notices to
certain owners of property. (Fact Finding 9). Although Collins
was a contractor by trade and did install sidewalks for several
Borough residents, there is no evidence to indicate that Collins
coerced anyone to utilize his services. (Fact Findings 7, 12).
Collins, as a member of the Sidewalk Committee, did inspect
sidewalks, including those that he personally installed, but he was
the only member of the Committee with the technical knowledge as to
sidewalk specifications and installations. (Fact Findings 13, 16,
17). However, residents had their choice of contractors since no
lists of contractors were provided when notice letters were sent.
(Fact Finding 15).
In applying the provisions of Section 3(a) of Act 170 of 1978
quoted above to the facts of record, we find no violation of
Section 3(a) because there is no evidence to establish that Collins
used public office to obtain a financial gain for himself as to
sidewalk installations. Although it is true that Collins did do
sidewalk installations, such action was taken by him in a private
capacity and not as a public official. Thus, since the requisite
use of public office is absent in this case, we must find no
violation as to the first allegation.
As to the second allegation involving Section 3(c) of Act 170
of 1978, the contracting provision, we do note that Collins
performed various services for the Borough which are enumerated in
Fact Findings 19 and 20. The Borough records reflect that the
items, listed in Fact Finding 19, were not put out on bid. (Fact
Finding 22). However, Collins did not make a profit on the
materials purchased for Borough projects or for the work performed
on these projects. (Fact Finding 23). Further, although Collins
did participate by voting in favor of motions to pay bill lists
which included payments to himself as to six items, bill lists were
voted as a group in their entirety by Council and votes were
recorded as passing unanimously with no abstentions. (Fact Finding
24).
Collins, 87 -108 -C
Page 23
As to the 3(c) allegation, we find no violation for the reason
that the operative facts do not meet the requisite elements of a
Section 3(c) violation or do not relate to the allegation. In this
regard, we note that many of the services performed do not relate
to the specific allegation that Collins contracted to perform
backhoe work and excavation services without an open and public
process. To the extent that such activities are beyond the scope
of the allegation, we therefore find no violation as to such
services. In addition, as to the services that did relate to
backhoe /excavation work, the contracts were under the $500
threshold limit of Section 3(a). Parenthetically, we also note
that Collins was performing activities at cost with no profit or
gain to himself. Therefore, since the activities Collins performed
were either beyond the ambit of the allegation or did not meet the
requisite elements as to Section 3(c), we find no violation of the
second allegation.
As to the third and final allegation that Collins violated
Section 4(a) of Act 170 of 1978 regarding the SFI filing
requirements, we find a technical violation in this case in light
of the fact that Collins did not file SFI's for the 1987 and 1989
calendar years although there is a 1989 calendar year SFI which was
apparently filed with the County Board of Elections. Collins is
directed to file SFI's for the 1987 and 1989 calendar years. The
Findings reflect certain deficiencies by Collins as to other
calendar year SFI's which he filed which deficiencies are
enumerated in Fact Finding 31. Accordingly, Collins is directed
within thirty days of issuance of this Order to not only file the
1987 and 1989 calendar year SFI's but also file amended SFI's to
correct the deficiencies set forth in Fact Finding 31 of this
Order.
IV. CONCLUSIONS OF LAW:
1. Robert N. Collins as a Member of the Linesville Borough
Council and Chairman of the Borough Street Committee is a
public official subject to the provisions of Act 170 of 1978.
2. Collins did not violate Section 3(a) of Act 170 of 1978
regarding installing sidewalks for Borough residents in a
private capacity since there was no use of public office on
his part to obtain a financial gain for himself.
3. Collins did not violate Section 3(c) of Act 170 of 1978
regarding performing backhoe /excavation services for the
Borough in that the services performed were less than the $500
requirement for an open and public process or did not relate
to matters within the allegation.
4. A technical violation of Section 4(a) of Act 170 of 1978
occurred when Collins failed to file Statements of Financial
Interests for the calendar years 1987 and 1989.
In re: Robert N. Collins : File Docket: 87 -108 -C
Date Decided: September 15, 1992
. Date Mailed: September 18, 1222
ORDER NO. 854
1. Robert N. Collins as a Member of the Linesville Borough
Council and Chairman of the Borough. Street Committee did not
violate Section 3(a) of Act 170 of 1978 regarding installing
sidewalks for Borough residents in a private capacity since
there was no use of public office on his part to obtain a
financial gain for himself.
2. Collins did not violate Section 3(c) of Act 170 of 1978
regarding performing backhoe /excavation services for the
Borough in that the services performed were less than the $500
requirement for an open and public process or did not relate
to matters within the allegation.
3. A technical violation of Section 4(a) of Act 170 of 1978
occurred when Collins failed to file Statements of Financial
Interests for the calendar years 1987 and 1989.
4. Collins is directed within thirty (30) days of issuance of
this Order to file Statements of Financial Interests for the
1987 and 1989 calendar years as well as file amended
Statements of Financial Interests correcting the deficiencies
noted in Fact Finding 31.
Failure to comply with the provisions of Paragraph 4 of this
Order will result in a directive of this Commission to
institute an order enforcement action.
BY THE COMMISSION,
ifrsw /�
JAMES M. HOWL R