HomeMy WebLinkAbout818 HendersonIn Re: David Henderson
STATE ETHICS COMMISSION
30e FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
: File Docket:
Date Decided:
Date Mailed:
91- 008 -C2
December 4991
December 11.1991
Chair
Before: Dennis C. Harrington,
James M. Howley
Daneen E. Reese
Roy W. Wilt
Austin M. Lee
James P. Gallagher
Allan M. Kluger
The State Ethics Commission received a complaint regarding
possible violation of the State Ethics Act,.Act 9 of 1989, 65 P.S.
401 et. seq. 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 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 Act 9 of 1989, 65 P.S. 408(h) 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).
Henderson, 91- 00 -C2
Page 2
I. ALLEGATION:
That you, a supervisor for Franklin Township, Erie County,
violated the following section of the Public Officials and
Employees Ethics Law, when you were compensated for hours worked
not related to the duties of roadmaster or laborer:
II. FINDINGS:
Section 3. Restricted Activities
(a) No public official or public employee
shall engage in conduct that constitutes a
conflict of interest. 65 P.S. 5402(a).
Section 2. Definitions
"Conflict" or "conflict of interest." Use by
a public official or public employee of the
authority of his office or employment or any
confidential information received through his
holding public office or employment for the
private pecuniary benefit of himself, a member of
his immediate family or a business with which he
or a member of his immediate family is associated.
"Conflict" or "conflict of interest" 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 or his immediate family or a
business with which he or a member of his
immediate family is associated. 65 P.S. S402.
1. David Henderson serves as a Township Supervisor in Franklin
Township, Erie County, Pennsylvania.
a. He has served in said position since January 1990.
b. He also serves as a supervisor /employee.
2. Reorganizational meeting minutes indicate the following
official action was taken relative to the hiring of Dave
Henderson during 1990 and 1991:
a. January 2, 1990:
Equipment Operators and Laborers - Herb Natalia
Henderson, 91- 00.8 -C2
Page 3
moved to appoint Paul Pieper, Jeff Carter, Richard
Gould, Dave Henderson, Don Perry and Ray Swift to
plow snow when needed. Ben Sitek seconded,
motion carried.
Present: Netzler, Cousin and Sitek
b. January 7, 191:
Ben Sitek moved to appoint David Henderson as
Superintendent. David Henderson seconded, motion
carried. (One Nay - Herbert Netzler)
Equipment Operators and Laborers: Henderson :coved
to appoint Jeff Carter, Richard Gould, Raymond
Swift, Herbert Netzler, David Henderson, Benjamin
Sitek, John Conrad, Wayne Cousin, Donald Perry,
John Sachar, Paul Pieper and Lawrence Pieper as
equipment operators and laborers. Ben Sitek
seconded, motion carried.
Present: Henderson, Sitek and Netzler
c. January 24. 1991:
"After the Pledge of Allegiance ", affirmation of
the Organizational Meeting was as followed:
Henderson asked if Attorney Schroeck had an
affirmation motion ready. None was ready so
H. Rubinfield suggests we do everything that
was done at the January 7, 1991 meeting.
Roadmaster: "Sitek referred to the January
7th minutes and stated that he wasn't going
to reread his statement. Sitek moved to
appoint Dave Henderson as roadmaster". Dave
Henderson seconded, motion carried. (One Nay
- Herbert Netzler)
Equipment Operators and Laborers: "Henderson
moved to approve Jeff Carter, Richard Gould,
Raymond Swift, Herbert Netzler, David Henderson,
Benjamin Sitek, John Conrad, Wayne Cousin, Ronald
Barry, John Sachar, Paul Pieper, Lawrence Pieper
and Ed Warhola as equipment operators and
laborers. Sitek seconded, motion, carried ".
Present: Henderson, Sitek and Netzler
3. Minutes of the Franklin Township Board of Supervisors
Henderson, 91- 008 -C2
Page 4
indicate the following official action was taken relative to
the compensation Supervisor Henderson should receive for
additional duties:
a. March 22, 1990:
"Henderson laborer, Ben Sitek moved to reasonably
compensate Dave Henderson for improvements
performed by him at labor rates. Additional labor
duties include 402, 403, 404, 406, 407, 409, 410,
411, 412, 415. Herb Netzler seconded, motion
carried. Dave Henderson abstained ".
Present: Henderson, Sitek and Netzler
b. Duties Performed Included:
402 - Financial Administration
403 - Tax Collection
404 - Legal Costs and Services
405 - Clerk /Secretary
406 - Personnel Administration
407 - Data Processing
409 - Building and Grounds
410 - Undefined
411 - Fire
412 - Undefined
415 - Emergency Management
4. Auditor minutes for the Franklin Township Board of Auditors
for 1990 and before were unavailable as said documents were
lost.
a. Auditor minutes for January 25, 1991 indicate that
wages for supervisors were to remain the same as
the prior year.
Roadmaster - $9.00 /Hour
Labor - $8.00 /Hour
5. Franklin Township employs Bonnie Bernhardt in the capacity
of secretary /treasurer.
a. She served in said position during 1990 and 1991..
b. Supervisors meetings minutes indicate Dave
Henderson was not hired as the township's
secretary or treasurer during either 1990 or 1991.
6. David Henderson was compensated at a rate of $8.00 an hour
Henderson, 91- 008 -C2
Page 5
during calendar year 1990.
1991:
a. Supervisor Herbert Netzler was the township's road
superintendent during 1990. As such, Netzler was
responsible for giving Henderson his daily work
assignments.
7. David Henderson was compensated at a rate of $9.00 per hour
in 1991 as the township's road superintendent.
a. Henderson has been employed as road superintendent
since January 7, 1991.
8. David Henderson's W -2 Wage & Tax Statements indicate that he
received $9,023.50 compensation during 1990.
9. Franklin Township Supervisors also received $1,500.00 a
year meeting pay.
10. Quarterly time records of Franklin Township indicate
Henderson worked 1,117 hours during 1990.
11. Daily time cards of David Henderson indicate the following
hours were worked during 1990 through the beginning of 1991:
a. Computer Usage.- 213 Hours
b. Census Survey - 13 Hours
c. Building Repairs /Renovations - 464.25 Hours
d. General Office - 138.75 Hours
a. Computer - 3.0
b. Meeting - 4.0
c. Building - 1.0
12. David Henderson's daily time cards indicate that he claimed
time for computer work on the following occasions from
January 5, 1990 through January 8, 1991:
Date Computer Definition
3/27/90 2 Hrs. Data Processing
4/15/90 2 Hrs. Data Entry Payroll
4/17/90 1 Hr. Code of Bills
Henderson, 91- 008 -C2
Page 6
4/20/90 2 Hrs. Program
4/21/90 2 Hrs. Payroll Data Entry
Date Computer Definition
4/24/90 2 Hrs. Payroll Data Entry
5/8/90 1 Hr. Install Counting Package
5/9/90 2.0 Hrs. Payroll Data Entry
5/15/90 2.0 Hrs. Software Testing
5/16/90 Payroll Data Entry
5/17/90 1 Hr. Data Entry
5/20/90 3 Hrs. Data Entry
6/2/90 4 Hrs. Test Accounting Program
6/3/90 3 Hrs. Data Entry
6/5/90 2 Hrs. Key In Chart of New Accounts
6/6/90 2.5 Hrs. Data Entry
6/9/90 4.0 Hrs. Key In Accounts
6/10/90 3 Hrs. Key In Accounts
6/12/90 .5 Hr. Payroll
6/17/90 2.0 Hrs. Key In Payroll
6/23/90 5.0 Hrs. Data Entry
6/25/90 3.0 Hrs. Data Entry
6/26/90 4.0 Hrs. Data Entry
6/27/90 7.0 Hrs. Data Entry
6/28/90 1.0 Hr. Computer Letter
6/30/90 5.0 Hrs. Data Entry
7/9/90 2.0 Hrs. Data Entry
7/14/90 6.0 Hrs. Payroll /Financial Reports
7/18/90 2.0 Hrs. Payroll Data
7/19/90 5.0 Hrs. Computer Set Up
7/20/90 2.0 Hrs. Township Data Base
7/21/90 5.0 Hrs. Vehicle Data Base
7/22/90 6.0 Hrs. Vehicle Data Base
7/29/90 5.0 Hrs. Vehicle Data Base
7/30/90 2.5 Hrs. Data Entry
7/31/90 4.0 Hrs. Data Entry
Henderson, 91- 008 -C2
Page 7
8/1/90 2.0 Hrs. Data Entry
8/3/90 6.0 Hrs. Vehicle Data
Date ComotiVIr Pe4n 4.?a
8/4/90 7.0 Hrs. Data Entry
8/5/90 2.0 Hrs. Vehicle Reports
8/6/90 2.0 Hrs. Data Entry
8/13/90 2.0 Hrs. Payroll Data
8/15/90 2.0 Hrs. Payroll Data
8/16/90 .5 Hr. Payroll Reports
8/30/90 3.0 Hrs. Run Reports
9/7/90 3.0 Hrs. Run Reports
9/9/90 8.0 Hrs. Run Reports /Data Entry
9/14/90 4.0 Hrs. Update P.oad Log
9/15/90 4.0 Hrs. Enter Population Data
9/17/90 3.0 Hrs. Run Reports
9/18/90 2.0 Hrs. Run Reports
9/22/90 2.0 Hrs. Payroll. Data
10/2/90 5.0 Hrs. Up Date Data Base
10/3/90 3.0 Hrs. Up Date Data Base
10/4/90 1.0 Fir. Up Date Data Base
10/23/90 3.0 Hrs. Data Ent
11/10/90 8.0 Hrs. Key In Eudget
11/11/90 8.0 Hrs. Key In Ludget
11/13/90 2.0 Hrs. Data Entry
11/15/90 6.0 Hrs. Budget .:- report
11/20/90 8.0 Hrs. Data Entry
12/4/90 2.0 Hrs. Data rntrf
12/11/90 4.0 Hrs. Run Reports
12/18/90 3.0 Hrs. Data Entry
1/2/91 2.0 Hrs. Payroll Entry
1/8/91 1.0 Hr. Data Entry
TOTAL: 216 Hrs.
13. David Henderson's daily time sheets fo= the period of
January 5, 1990 through January 8, 1951 indicate the
following hours spent on general office functions:
Henderson, 91- 008 -C2
Page 8
Amount
, ft of Hrs, Definition
3/26/90 3 Hrs. Chart of Accounts
3/27/90 3 Hrs. Chart of Accounts
3/28/90 1.0 Hr. Chart of Accounts
3/29/90 2.0 Hrs. Personnel /Chart of Accts.
4/1/90 8.0 Hrs. Chart of Accounts
4/2/90 2.25 Hrs. Payroll /Personnel
4/4/90 3.0 Hrs. Payroll
4/5/90 4.0 Hrs. Balance Books
4/6/90 3.0 Hrs. Balance Books
4/8/90 6.0 Hrs. Payroll
4/10/90 2.0 Hrs. Payroll
4/11/90 6.0 Hrs. Payroll
4/12/90 3.5 Hrs. Financial Reports
4/18/90 1.0 Hr. Balance Payroll
4/30/90 1.0 Hr. Prepare Letter
5/4/90 4.0 Hrs. Balance Books
5/9/90 2.0 Hrs. Balance Books
5/15/90 .5 Hr. Personnel Suggestions
5/16/90 1.0 Hr. Balance Payroll Accounts
6/4/90 1.5 Hrs. Work on Time Cards
6/17/90 3.5 Hrs. Review Time Cards
6/20/90 2.0 Hrs. Payroll
8/2/90 2.0 Hrs. County Project Report
8/14/90 8.0 Hrs. Prepare Reports
8/15/90 1.0 Hr. County Project Reports
8/22/90 8.0 Hrs. Prepare Financial Reports
8/23/90 4.0 Hrs. Prepare Bid Specs
8/24/90 3.0 Hrs. Write Bid Specs
8/30/90 2.0 Hrs. Finalize Bid Specs
8/31/90 3.0 Hrs. Copy, Send Out Bid Forms
Henderson, 91-008-C2
Page 9
9/10/90 6.5 Hrs. Prepare Mail Survey
9/11/90 7.0 Hrs. Financial Reports
Amount
Date of Hrs. Deiinj.tion
9/23/90 4.0 Hrs. First Quarter Payroll
Adjustment
9/30/90 4.0 Hrs. Budget Prep
11/13/90 2.0 Hrs. Financial Reports
11/16/90 2.0 Hrs. Budget Reports
11/17/90 6.0 Hrs. Budget Analysis
11/18/90 6.0 Hrs. Budget Analysis
11/19/90 1.0 Hr. Budget Reports
11/22/90 5.0 Hrs. Update Budget Reports
11/24/90 2.0 Hrs. Budget Reports
TOTAL: 138.75 Hrs.
14. Time cards of David Henderson indicate the following:
He spent thirteen hours working on a census survey;
seven hours on September 7, 1990 and six hours on
September 9, 1990.
15. Daily time sheets of Henderson indicate the following hours
were spent performing building repairs /renovations:
Amount
Date of Hrs. Definition
1/5/90 2.0 Hrs. Pick up Fans
1/8/90 7.0 Hrs. Repair Lights, Install Fans
3/26/90 1.0 Hr. Cleaning
3/28/90 1.0 Hr. Cleaning
4/2/90 4.5 Hrs. Cleaning
6/18/90 3.0 Hrs. Set Up Trailer For Fire
Department
7/7/90 2.0 Hrs. Clean Office, Build Desk
9/4/90 3.0 Hrs. Clean Out Back Bay
9/5/90 5.0 Hrs. Clean Out Back Bay
9/6/90 5.0 Hrs. Clean Out Back Bay
Henderson, 91- 008 -C2
Page 10
9/10/90 5.0 Hrs. Clean Back Bay
9/17/90 6.5 Hrs. Clean Back Bay
Amount
.P.AISI of y ;s. Definition
9/18/90 6.5 Hrs. Clean Back Bay
9/19/90 6.5 Hrs. Prepare Doors and Floor
9/20/90 6.0 Hrs. Prepare Doors and Floor
9/22/90 4.5 Hrs. Build Door Frames
9/24/90 6.5 Hrs. Floor Prep
9/25/90 6.5 Hrs. Floor Prep
9/26/90 4.0 Hrs. Floor Prep
9/27/90 8.0 Hrs. Floor Prep
9/28/90 11.0 Hrs. Cement Floor "& Coat
9/29/90 2.0 Hrs. Recoat Floor /Clean Up
10 /1/90 4.5 Hrs. Soft Floor
10/2/90 7.5 Hrs. Hang Door
10/3/90 5.5 Hrs. Remove Old Door Header
10/4/90 6.0 Hrs. Electric In Door
10/5/90 Dig Up Septic Tank & Door
10/8/90 8.0 Hrs. Framing
10/9/90 8.0 Hrs. Framing
10/10/90 7.0 Hrs. Door Molding
10 /11/90 7.5 Hrs. Door Framing
10/12/90 7.0 Hrs. Order Supplies /Wire Doors
10/15/90 10.5 Hrs. Install Molding
10/16/90 1.0 Hr. Pick Up Molding
10/17/90 10.0 Hrs. Door Closers /Molding
10/18/90 9.0 Hrs. Framing Stairs
10/19/90 7.5 Hrs. Plywood Walls
10/22/90 8.0 Hrs. Framing Electrical
10/23/90 8.0 Hrs. Framing
10/24/90 8.0 Hrs. Framing
10/26/90 8.0 Hrs. Electric System Planning
10/29/90 9.0 Hrs. Electric Panel & Parts
Henderson, 91- 008 -C2
Page 11
10/30/90 9.0 Hrs.
10/31/90 6.0 Hrs.
Amount
Date of Hrs.
Wire Garage, Electric
Doors
Defip$tios}
11/2/90 7.0 Hrs. Door Clean Up
11 /5/90 8.0 Hrs. Ceiling
11/6/90 7.0 Hrs. Ceiling
11/7/90 7.5 Hrs. Ceiling
11/8/90 6.0 Hrs. Ceiling
11/12/90 7.0 Hrs. Heating /Framing
11/13/90 3.0 Hrs. Framing
11/14/90 8.0 Hrs. Electrical System
11/16/90 3.0 Hrs. Paint Doors
11/19/90 1.0 Hr. Electric
12/3/90 8.0 Hrs. Electric /Drywall Prep
12/4/90 7.0 Hrs. Electric /Drywall Prep
12/5/90 7.0 Hrs. Electric /Drywall
12/6/90 4.0 Hrs. Electric /Drywall
12/7/90 7.5 Hrs. Electric /Drywall
12/12/90 6.5 Hrs. Not Specified (Same Building
Code as Above)
12/13/90 7.0 Hrs. Drywall Installation
12/14/90 8.5 Hrs. Drywall
12/15/90 3.5 Hrs. Drywall
12/16/90 3.5 Hrs. Drywall
12/17/90 11.5 Hrs. Drywall
12/18/90 9.0 Hrs. Drywall
12/19/90 5.0 Hrs. Drywall
12/20/90 11.0 Hrs. Ceiling
12/21/90 4.0 Hrs. Ceiling
12/22/90 8.5 Hrs. Ceiling
12/24/90 8.0 Hrs. Lights
12/26/90 4.0 Hrs. Installation /Heating
12/27/90 3.5 Hrs. Lights
Henderson, 91- 008 -C2
Page 12
12/28/90 4.0 Hrs. Lights
12/29/90 4.5 Hrs. Lights
Amount
at of Hrs. Definition
12/31/90 4.0 Hrs. Clean Up
1/8/91 1.0 Hr. Electric
TOTAL: 465.25 Hrs.
16. On January 8, 1991, David Henderson's time card indicates
four hours claimed for a meeting. All remaining hours
listed from January 5, 1990 through January 8, 1991 were
road and /or road related.
17. Minutes of the Franklin Township Board of Supervisors
indicate the following relative to a census count:
III. DISCUSSION:
September 11, 1990:
Old Business Census - "Henderson reported that since he was
put in charge of the census in January, he hasn't had
anything to do with it until the count came back. It has
and shows 500 homes, 34 vacants. We show 494 homes and 33
vacants, but the head count is off. Challenges must be made
by next Wednesday, September 19th ".
September 27, 1990:
"Henderson reported that the Challenge was filed on time.
We estimated the head count at 1,510, while the census count
was 1,412. We had an 80% return on the survey cards ".
18. Supervisor David Henderson is the only current Franklin
Township employee with the knowledge to operate the
township's computer.
a. Henderson is currently teaching its various
functions and uses to Secretary /Treasurer, Bonnie
Bernhardt.
b. David Henderson's prior work experience includes
three years running a software development firm.
As a Supervisor for Franklin Township, Erie County, David
Henderson, hereinafter Henderson, is a public official as that term is
defined under Act 9 of 1989. 65 P.S. 402. As such, his conduct is
Henderson, 91- 008 -C2
Page 13
subject to the provisions of the Ethics Law and the restrictions
therein are applicable to him.
Initially, it is noted that Section 9 of Act 9 of June 26, 1989
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 of the violation occurred prior
thereto."
Since the occurrences in this case transpired after the effective
date of Act 9 (June 26, 1989), we must apply the provisions of Act 9
to determine whether the Ethics Act was violated.
Under Section 3(a) of Act 9 of 1989 quoted above, a public
official /employee shall not engage in conduct that constitutes a
conflict of interest.
The term "conflict of interest" is defined under Act 9 of 1989 as
follows:
Section 2. Definitions
"Conflict" or "conflict of interest." Use by
a public official or public employee of the
authority of his office or employment or any
confidential information received through his
holding public office or employment for the
private pecuniary benefit of himself, a member of
his immediate family or a business with which he
or a member of his immediate family is associated.
"Conflict" or "conflict of interest" 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 or his immediate family or a
business with which he or a member of his
immediate family is associated. 65 P.S. S402.
The issue before us in this case is whether Henderson violated
Section 3(a) of the Ethics Law regarding his receipt of compensation
foz performing duties that did not relate to the position of
Henderson, 91- 008 -C2
Page 14
roadmaster or laborer.
Henderson has served as a Township Supervisor and employee since
January 1990. The reorganizational minutes for the Franklin Township
Supervisors reflect the following action for the years 1990 and 1991:
on January 2, 1990, Henderson was absent as to a successful motion to
appoint himself and others for road work positions; on January 7,
1991, Henderson made and voted in favor of a successful motion to
appoint himself and others to the positions of equipment operators and
laborers, and on January 24, 1991, Henderson moved and voted in favor
of a successful motion to appoint himself and others as equipment
operators and laborers in the township.
The Board of Supervisors on March 22, 1990 voted to compensate
Henderson for work performed at labor rates but the work included
duties related to that of office - supervisor rather than that of
employee- supervisor (Fact Finding 3b).
The minutes of the Franklin Township Auditors for January 25, 1991
reflect an approval of a compensation rate for supervisors at $8.00
per hour as a laborer and $9.00 per hour as roadmaster. Henderson
was compensated at the rate of $8.00 per hour in 1990 and $9.00 per
hour in 1991 (Fact Findings 6,7).
The time cards for Henderson for 1990 and the beginning of 1991
reflect that in 1990 he worked 213 hours as to the computer, 13 hours
on a census survey, 464.25 hours on building repairs /renovations and
138.75 hours as to general office duties and in 1991, 3 hours as to
the computer, 4 hours as to meetings and 1 hour as to building.
On his daily time cards, Henderson claimed hours worked on the
computer, general office functions and building repairs /renovations
(Fact Findings 12,13,15). As to the computer, Henderson is the only
township employee who has knowledge to operate the computer and he is
teaching the township secretary how to operate the computer.
Although Henderson was appointed to an employee- supervisor
position from 1990, he received compensation for performing duties not
related to the position of employee - supervisor but for duties related
to that of office - supervisor. There were activities performed by
Henderson which cannot in this record be categorized as clearly
relating to the duties of office - supervisor or employee- supervisor.
Other duties such as working on the municipal garage appear to be
related to the position of employee - supervisor and we find no
violation as to such activities. Lastly, certain activities such as
budget, financial and computer activities clearly relate to duties of
the office - supervisor and we find a violation of Section 3(a) as to
his receipt of additional compensation for performing such activities.
Section 7(13) of Act 9 of 1989, 65 P.S. 407(13) provides:
Henderson, 91- 008 -C2
Page 15
Section 7. Powers and duties of the commission
In addition to other powers and duties
prescribed by law, the commission shall:
(13) Issue findings reports and
orders relating to investigations
initiated pursuant to section 8, which
set forth the alleged violation,
findings of fact and conclusions of law.
An order may include recommendations to
law enforcement officials. Any order
resulting from a finding that a public
official or public employee has obtained
a financial gain in violation of this
act may require the restitution plus
interest of that gain to the appropriate
governmental body. The commission or
the Office of Attorney General shall
have standing to apply to the
Commonwealth Court to seek enforcement
of an order requiring such restitution.
This restitution requirement shall be in
addition to any other penalties provided
for in this act.
In this case, we believe that restitution to Franklin Township in the
amount of $504.00 (63 hours @ $8.00) for administrative work on the
budget and financial reports is appropriate. Accordingly, Henderson
is directed within thirty days of issuance of this Order to forward a
check to the Commission payable to the order of Franklin Township in
the amount of $504.00.
However, given the totality of the facts and circumstances in
this case, the Commission will take no further action.
ZV. CONCLUSIONS OF LAW:
1. David Henderson, as a Franklin Township Supervisor, is a
public official subject to the provisions of Act 9 of 1989.
2. Henderson did not violate Section 3(a) of Act 9 of 1989 by
receiving compensation as an employee- supervisor regarding
road /laborer duties and in particular as to duties in
relation to the municipal garage.
3. Henderson violated Section 3(a) of Act 9 of 1989 when he
received compensation for performing office computer work,
budget related duties and financial work which do not relate
to the position of employee- supervisor but which are
encompassed within the duties of office- supervisor.
In Re: David Henderson
. File Docket: 91- 008 -C2
Date Decided: December 4,1991
: Date Mailed: December 11,1991
ORDER No. 818
1. David Henderson, as a Franklin Township Supervisor, did not
violate Section 3(a) of Act 9 of 1989 for receiving
compensation as an employee - supervisor regarding
road /laborer duties and in particular as to duties in
relation to the municipal garage.
2. Henderson violated Section 3(a) of Act 9 of 1989 when he
received compensation for performing office computer work,
budget related duties and financial work which do not relate
to the position of employee- supervisor but which are
encompassed within the duties of office - supervisor.
3. The private pecuniary benefit received by Henderson as to
which restitution is ordered amounts to $504.00.
4. Henderson is directed within thirty days of issuance of this
Order to forward a check in the amount of $504.00 to this
Commission payable to the order of Franklin Township.
5. Failure to comply with the provisions of paragraph 4 will
result in the institution of an order enforcement action.
BY THE COMMISSION,
e.1.4vca..-rgf
DENNIS C. HARRINGTON, CHAIR