HomeMy WebLinkAbout830 Slike JrIn Re: Robert Slike Jr.
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG. PENNSYLVANIA 17120
. File Docket: 91- 024 -C2
: Date Decided: February 20, 1992
: Date Mailed: February 27. 1992
Before: Dennis C. Harrington, Chair
James M. Howley, Vice Chair
Daneen E. Reese
Roy W. Wilt
Austin M. Lee
James P. Gallagher
Allan M. Kluger
The State Ethics Commission received a complaint regarding a
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 not filed and a hearing was waived. A Consent Decree 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 §2.38.
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
Slike, 91- 024 -C2
Page 2
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).
I. ALLEGATION:
That Robert Slike, Jr., a Foster Township Supervisor, violated
the following section of the Public Officials and Employees Ethics Law
(Act 9 of 1989), when he received compensation not provided for by law
by being paid for attending various meetings not related to the duties
of roadmaster, laborer or secretary /treasurer:
Section 3. Restricted Activities
(a) No public official or public employee shall engage
in conduct that constitutes a conflict of interest.
"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 of his
immediate family or a business with which he or a member of
his immediate family is associated.
II. FINDINGS:
1. Robert Slike, Jr. has served as a township supervisor for Foster
Township, McKean County, Pennsylvania since January of 1990.
a. He has served as Chairman of the Board of Township
Supervisors for approximately two years.
2. Minutes of the Foster Township Board of Supervisors confirm that
Supervisor Robert Slike and the other supervisors were appointed
roadmasters.
Slike, 91- 024 -C2
Page 3
a. January 2, 1990
The reorganization meeting was held as the supervisors
present were Robert Slike, Jon Dawley and Ann Kilhofer. Mr.
Slike was named chairman of the supervisors as all three
supervisors were named Ann Kilhofer was named
secretary and assistant treasurer.
b. January 7, 1991
The reorganization meeting was held as the supervisors
present were Robert Slike and Ann Kilhofer as Jon Dawley was
not in attendance. All three supervisors were named as
roadmasters.
3. Foster Township was not divided into road districts by the
Township Board of Supervisors.
4. The Foster Township Board of Supervisors appointed themselves to
other positions of responsibility in addition to that of township
roadmaster.
5. Robert Slike was appointed to the following position in each year
from 1990 -1991 inclusive by the board of supervisors:
a. Police and Parks.
6. The Foster Township Board of Auditors set the compensation of
supervisors employed as roadmaster at their reorganizational
meetings.
a. January 3, 1990
Present: William Schubert, Emilio Chiodo and Marilyn
Causer.
The following wage rates for supervisors were established
for the year 1990:
All supervisors - (other than when performing full -time
duties) the rate will be $8.50 per hour. Meeting
preparation and attendance at meetings are excluded from the
above as reimbursement is established by statute.
Slike, 91- 024 -C2
Page 4
b. September 21, 1990
A meeting of the Foster Township Auditors was held with
William Schubert, Emilio Chiodo and Marilyn Causer present.
A special meeting was held to discuss a salary rate for Jon
Dawley. A motion was made by William Schubert and seconded
by Marilyn Causer that effective 9/20/90 the wage rate for
Jon Dawley would be $9.50 an hour for performing employee
non - managerial duties for Foster Township.
c. January 8, 1991
Present: William Schubert, Emilie Chiodo and Marilyn
Causer.
The following wage rates for Supervisors were established
for the year 1991:
All supervisors - (other than when performing full -time
employee's duties) the rate will be $9.10 per hour. Meeting
preparation and attendance at meetings are excluded from the
above as reimbursement is established by statute.
7. Records of Foster Township indicate that Robert Slike was
compensated at the same hourly rate he received as roadmaster by
the township for activities not related to his position as
roadmaster.
8. Records of Foster Township indicate the following regarding the
number of hours worked on non - roadmaster duties by Robert Slike:
1990
Date Hours Description of Duties
1/3/90 2.0 Meeting with OECD officials
1/4/90 3.0 Meeting with Police Chief
1/5/90 2.0 Interview with Craig Switzer
1/24/90 3.0 TV elected officials' meeting
1/30/90 1.5 Meeting with police officials
2/28/90 2.0 Police Department staff meeting
3/8/90 2.0 Meet with Park Authority
3/12/90 2.0 Meet with Planning Commission
3/22/90 2.0 Meet with Dave Lunden - OECD
3/26/90 2.0 Meet with J.D. & attorney on truck
specifications
3/27/90 4.0 Meeting on East End Salvage
4/2/90 2.0 Meeting with Mutzabaugh on E.E.S.
1990 Total 72.0 Hours
1991
4/9/90
4/18/90
4/11/90
5/23/90
5/24/90
5/29/90
6/7/90
6/21/90
6/26/90
7/5/90
7/9/90
8/9/90
8/31/90
9/6/90
9/19/90
Slike, 91- 024 -C2
Page 5
1991 Total
10 /1/90 1.0
10/1/90 1.0
10/11/90 1.0
10/23/90 4.5
10/15/90 2.0
11/20/90 2.0
11/23/90 1.0
1/23/91
1/3/91
3/20/91
9. The rate
total amo
Finding 8
Year
1990
1991
3.5
3.0
1.0
2.5
2.5
3.5
1.5
1.5
2.5
1.0
2.5
2.0
2.0
1.0
2.0
2.0 Road employee meeting
3.0 Meet with auditors
2.0 Personnel problem
7.0 Hours
of pay at which Robert Slike was compensated and the
unt paid to him for performing the functions listed in
above was as follows:
Pay Rate
$8.50
9.00
Meet with Mike Motto Mowing
East End Salvage, H.P.
Assist Chief on Personnel
Rehabilitation Housing Tour
Meet with Lyle Hydro on garbage collection
service
Police Hearing on garbage
Meeting with Chris Matte on Gomez Appeal
Park Authority
Pick up concessions stand
Roy McMahon, Colonial Housing Development
Zoning & E.E.S. & R. Skaggs
Road & sewer problem
Interview Bob Frantz
Police Chief on Gangloff speeding
Meet with Don Freeder on Pat Brogan & Gomez
interview
Discuss Gangloff with Chief
Chris Matte on Gomez
Discuss Gangloff & Mall with Chief
McKean elected officials tour
Meet with Otto Township Supervisors
Meet with Zoning & Enforcement Officer
Police Chief & schedule
Hours Monet/
72.0 $512.00
7.0 53.00
$675.00
10. The township supervisors maintained their own time sheets and
Slike, 91- 024 -C2
Page 6
submitted them for payments.
11. Township supervisors were compensated for service as elected
officials for attending township supervisor meetings at a rate of
$25.00 per meeting not to exceed 16 meetings per year.
12. By Ordinance No. 52 on July 1, 1991 the Board of Supervisors of
Foster Township amended the compensation received by township
supervisors.
a. Ordinance No. 52 of the Township of Foster, Chapter 1
of Code of Ordinances entitled Administration and
Government, Part 3 titled Township Personnel changed
the maximum amount of compensation a supervisor could
receive from $2,000 to $1,500.00.
b. The supervisors' compensation was reduced due to a
decrease in the population of Foster Township.
III. DISCUSSION:
As a Foster Township Supervisor, Robert Slike Jr., hereinafter
Slike, is a public official, Foster Township Supervisor as that term
is defined under Act 9 of 1989. 65 P.S. 402. As such, his conduct is
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.
Slike, 91- 024 -C2
Page 7
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.
In the instant matter we must determine whether Slike violated
Section 3(a) of Act 9 of 1989 quoted above regarding his receipt of
compensation for attending various meetings which did not relate to
his duties as a working employee of the township.
Slike has served as Foster Township Supervisor since January of
1990 and has also served as Chairman of the Board for approximately
two years. The minutes of the Foster Township Board of Supervisors
reflect that on January 2, 1990 and on January 7, 1991 all three
supervisors were named as roadmasters at those reorganizational
meetings. In addition to being appointed as roadmaster, Slike was
also appointed to a position in the Foster Township Police and Parks
Department.
The minutes of the Foster Township Board of Auditors reflect the
following activity regarding the setting of the compensation for
employee supervisors as roadmasters: on January 3, 1990, a rate of
pay of $8.50 per hour was approved for all supervisors with a caveat
that meeting preparation and attendance were not compensable; on
September 21, 1990, a rate of pay of $9.50 an hour for Supervisor Jon
Dawley for performing employee non managerial duties was approved
and on June 8, 1991, a rate of pay of $9.10 per hour was approved for
all supervisors for performing full time employee duties subject to
the caveat that meeting preparation and attendance were expressly
excluded from compensation.
The records of Foster Township reflect that Slike was
compensated at the same hourly roadmaster rate for performing
activities which were not encompassed within the position of working
employee / roadmaster. In particular, Slike received compensation
totalling $675.00 at the rate of $8.50 for seventy two hours of work
in 1990 and compensation totalling $63.00 at the rate of $9.00 per
hour for seven hours of work in 1990 for various functions all of
which were not related to the working position of roadmaster (Fact
finding 8). Separate and apart from the above, Foster Township
Supervisors as elected officials were compensated at a rate of $25.00
per meeting, not to exceed sixteen meetings per year, with the wage
cap being reduced from $2,000 to $1,500 by Ordinance No. 52 of
July 1, 1991 due to a population decrease in the township.
In applying the provisions of Section 3(a) of Act 9 of 1989 to
the above facts, we must conclude that there was a use of authority of
office on the part of Slike to obtain a private pecuniary benefit for
1.
Slike, 91- 024 -C2
Page 8
himself contrary to Section 3(a) of Act 9 of, 1989. Although Slike
was entitled and did receive compensation for attending meetings in
his capacity as an elected township supervisor and although he was
entitled to receive compensation for performing duties which related
to the township employee position of roadmaster, Slike could not
receive compensation for performing various administrative functions
which did not relate to his duties as employee roadmaster but in fact
related to his duties as elected township supervisor. Henderson,
Order 818. We therefore find that Slike violated Section 3(a) of Act
9 of 1989 by using the authority of office to receive the foregoing
private pecunariy benefit.
Slike received $675.00 in compensation for performing these
administrative functions. Based upon the power of this Commission to
impose restitution set forth in Section 7(13) of the Ethics Law, 65
P.S. 407(13), we direct Slike to make restitution to Foster Township
in a timely manner in the amount of $675.00 by forwarding a check(s)
to this Commission payable to the order of Foster Township. Upon full
payment of restitution, this Commission will take no further action in
this case. However, if restitution is not made, this Commission will
take requisite action to institute an order enforcement action.
IV. CONCLUSIONS OF LAW:
Robert Slike Jr. as a Township Supervisor for
Foster Township, McKean County is a public
official subject to the provisions of Act 9 of
1989.
2. Slike violated Section 3(a) of Act 5 of 1989 when
he received a private pecuniary benefit
consisting of compensation for attending various
township meetings that were not related to his
working position as an employee of the township.
3. The private pecuniary benefit received by Slike
amounted to $675.00.
In Re: Robert Slike
: File Docket: 91- 024 -C2
: Date Decided: February 20 1992
: Date Mailed: February 27. 1992
ORDER No. 830
1. Robert Slike as a Foster Township Supervisor violated Section
3(a) of Act 9 of 1989 when he received a pecuniary benefit
consisting of compensation for attending various township
meetings that were not related to his working position as an
employee of the township.
2. Slike is directed to make restitution to Foster Township in a
timely manner in the amount of $675.00 by forwarding check(s) to
this Commission payable to the order of Foster Township.
3. The failure of Slike to comply with the provisions of paragraph 2
will cause this Commission to take acticn to institute an order
enforcement action.
BY THE COMMISSION,
�.4.� /4
DENNIS C. HARRINGTO , CHAIR