HomeMy WebLinkAbout906 TaylorSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Frank J. Taylor File Docket: 93- 013 -C2
Date Decided: December 7, 1993
Date Mailed: December 10, 1993
Before: James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
Joseph W. Marshall, III
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 sea. 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 agreement 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
§21.29(b).
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).
Taylor, 93- 013 -C2
Page 2
I. ALLEGATION:
That Frank Taylor, as a public official /public employee, in
his position as Chief of Police of Emmaus Borough, Lehigh County,
violated the following provisions of the State Ethics Act (Act 9 of
1989), when Emmaus Borough contracted with Rob's Gun and Ammo, a
business owned by his brother, Robert Taylor, to supply weapons and
ammunition to the Borough Police Department without an open and
public process.
Section 3. Restricted Activities
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest.
(f) No public official or public
employee or his spouse or child or any
business in which the person or his spouse or
child is associated shall enter into any
contract valued at $500 or ,.more with_
governmental body with which the .,public
official or public employee is associated or
any subcontract valued at $500 or more with
any person who has been awarded a contract
with the governmental body with which the
public official or public employee is
associated, 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. In such a case, the
public official or public employee shall not
have any supervisory or overall responsibility
for the implementation or administration of
the- contract. Any contract, or subcontract
made in violation of this subsection shall be
voidable by a court of competent jurisdiction
if the suit is commenced within 90 days. of the
making of the contract or subcontract.
65 P.S. SS403(a), (f).
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
Tavlor, 93- 013 -C2
Page 3
65 P.S. §402.
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 r ^tuber of his immediate family or
a business with. which he or- a member of his
immediate family is asso
II. FINDINGS:
1. Frank J. Taylor has been a member of the Emmaus Borough Police
Department from November 13, 1971 to the present.
2. Taylor has served as the Emmaus Borough Police Chief from 1986
to the present.
3. Robert C. Taylor was the sole owner Rob's Guns and Ammo at 35
E. Market Street,-Shamokin, PA, from June of 1989 to December
of 1992, when the business closed.
4. Robert C. Taylor is the brother of Frank J. Taylor.
5. In November of 1990, Chief Taylor appeared before the Emmaus
Borough Council,_at the annual budget hearing,,and requested
funding to purchase fifteen, 9 millimeter handguns to replace
the 357 magnum revolvers then being used by the officers of
his department.
6. Council- agreed to fund the purchase of 5 weapons a year, for
3 years, fora total of 15 guns.
7. Council approved the 1991 annual budget, at the December 17,
1990 council meeting, which included an allocation of $3,000
for the purchase of 5 new weapons for that year.
8. In November of 1990 Emmaus Borough Detective Glen Dilcher
solicited price quotes for the purchase of 15 Smith and
Wesson, Model 4006, 40 caliber handguns.
9. Detective Dilcher contacted three gun dealers to obtain the
quotes. -
10. The following price quotes were obtained by Dilcher:
Taylor, 93- 013 -C2
Page 4
Gun w /ns
Clip
Pouch
Holster
Total
11. The above information was recorded on a sheet of paper without
a date or the name of the person contacted for the quote.
12. Chief Taylor followed up on the quotes by contacting the above
referenced dealers and obtaining the amount the dealers were
willing to pay for the trade in of the 357 magnums that the
Borough was replacing.
13. The following information listing trade -in and might sight
(NS) cost was added by Chief Taylor:
Gun w /ns
Clip
Pouch
Holster
Total
Trade in
All sights
Total
Hausman's Guns
$ 481.00
$ 24.00
$ 19.00
Hausman's
$ 481.00
$ 24.00
$ 19.00
$ -
Guns
$ 524.00 $
$ 150.00 $
installed by S &W $50.00
$ 374.00 $
Larry's Guns
$ 445.00
$ 23.00
$ 18.95
$ 65.00
$ 524.00 $ 551.95
Larry's
$ 445.00
$ 23.00
$ 18.95
$ 65.00
551.95
150.00
Rob's Guns
$ 465.00
$ 20.00
$ 18.00
$ 60.00
$ 563.00
Guns Rob's Guns
$ 465.00
$ 20.00
$ 18.00
$ 60.00
$ 563.00
$ 175.00
401.95 $ 388.00
14. The above information was recorded on a sheet of paper titled
"From The Desk of Chief Taylor ".
15. In December of 1990 the contract for the purchase of 15 Smith
and Wesson, Model 4006, 40 caliber handguns was awarded to
Rob's Guns and Ammo of Shamokin, PA, by Chief Taylor.
a. The purchase was for fifteen guns immediately, even
though Borough had only approved funds for five guns each
year.
b. Chief Frank J. Taylor made the final decision to purchase
the Guns from Rob's Guns and Ammo.
16. Robert C. Taylor presented a bill, undated, addressed to Chief
Frank J. Taylor, stating the order for leather goods, totaling
$1,169.75, will be ordered at a later date.
17. The bill stated the pistols, and 15 extra magazines at a cost
of $300.00, would be ordered upon the receipt of a purchase
order and it would take 120 - 150 days for delivery.
Taylor, 93- 013 -C2
Page 5
18. The bill also stated that Rob's would pay $175, per weapon,
for the twelve, 357 magnums the Borough intended to trade -in
and Rob's would sell the weapons back to individual officers
for $185.
19. The total amount of the bill was $7,049.25 less the $1,169.25
that would be charged at a later date for the leather goods.
20. The Borough's copy of the bill was stamped with the number
"011318" which was applied by the Borough Treasurer and is
used to enter the bill into the computer when a purchase order
was not issued for the contract.
a. The number "01131$" indicates the bill was entered into
the Borough's computer on December 17, 1990.
21. The _Borough's copy of the bill contains the handwritten
notation "410.220 Chief T. $5,880.00 ".
a. Code 410.220 indicates the payment was to be made from
the Police Department's allocation for operating expenses
and supplies.
b. The initials "Chief T. $5,880." indicates Chief Taylor
approved payment of the bill.
c. The amount of $5,880 equaled the $7,049.25 minus the
$1,169.25 for the leather goods.
22. The bill was presented for payment, to the Borough Treasurer,
on or before December 17, 1990.
23. Borough Council, at the December 17, 1990 meeting, was
presented with a computer printout which listed the vendor,
the amount of the bill, the code showing the allocation from
which the bill was to be paid, . and the amount of money
remaining in the allocated fund.
a. Borough Council approved payment of the bill.
b. Borough Council members did not see the bill from Rob's
Guns and Ammo and were not aware that the bill was for 15
Smith and Wesson, Model 4006, 40 caliber guns.
24. Borough Treasurer Paul E. Riegel prepared Emmaus Borough check
#012045, dated December 17, 1990, made payable to Rob's Guns
and Ammo, in the amount of $6,149.25.
a. The check was endorsed by Robert C. Taylor and deposited
into Rob's Guns and Ammo account at the Union National
Bank of Mount Carmel on December 24, 1990.
Taylor, 93- 013 -C2
Page 6
b. The check included payment for the guns ($5,880) and a
bill from Rob's Guns and Ammo, dated 12/12/90, for 15
Safariland double mag pouches which cost $269.25.
25. The guns were not delivered to the Borough until May of 1991.
a. Payment was made approximately five months prior to
delivery of the guns.
26. The Borough policy, at the time of the purchase, was not to
pay for a purchase until the items were delivered.
27. Rob's Guns and Ammo purchased the guns
Shooters Supplies, Ldbanon, PA, for $7,169
magazines from the same company for $292.50.
from Shirk's amounted to $7,493.85 with
charges.
28. Rob's Guns and Ammo purchased the 15 Safariland double mag
pouches from Jerry's Sport Center, Forest City, PA, for
$249.75.
from Ron Shirk's
.25, and the extra
Rob's total bill
the COD and UPS
29. On 2/15/91 Rob ' s Guns and Ammo submitted a bill to the Borough
of Emmaus, totaling $900.00, for 15 Safariland holsters.
30. The Borough's copy of the bill contained the stamped number
"011825" and the handwritten notation "410.220 Chief T."
31. Code 410.220 indicates the payment was to made from the Police
Department's allocation for operating expenses and supplies.
32. The initials "Chief T." indicates Chief Taylor approved
payment of the bill.
33. Borough Council, at the March 7, 1991 meeting, was presented
with a computer printout which listed the vendor, the amount
of the bill, the code showing the allocation from which the
bill was to be paid, and the amount of money remaining in the
allocated fund.
34. Borough Council approved payment of the bill.
35. Borough Treasurer Paul E. Riegel prepared Emmaus Borough check
#012634, dated 3/7/91, made payable to Rob's Guns and Ammo, in
the amount of $900.00.
36. The check was endorsed by Robert C. Taylor and deposited into
Rob's Guns and Ammo account at the Union National Bank of
Mount Carmel on March 13, 1991.
37. Rob's Guns and Ammo purchased the Safariland holsters from
Taylor, 93- 013 -C2
Page 7
Jerry's Sport'
38. The twelve 357
Guns and Ammo,
Name
Kenneth Landau
Dwayne Scholl
Harley E. Gonsar
Robert Bendas
Joel Stover
Michael Frazier
Dean Seibert
Mark Sebasovich
Police Cadet Scott Acker
Detective Glen Dilcher
Detective William Kennedy
Barry Barto
Total
Profit
s Center for $1,016.50.
magnums taken as trade -ins
to the following people:
Amount Paid
By Customer
$ 250.00
$ 250.00
$ 250.00
$ 275.00
$ 250.00
$ . 250.00
$ 250.00
250.00
$ 185.00
$ 185.00
$ 185.00
$ 250.00
$2,830.00
were sold, by Rob's
Amount Paid
To Borough
175.00
175.00
175.00
175.00
175.00
175.00
175.00
175.00
175.00
175.00
175.00
175.00
$ 2,100.00
$ 730.00
39. Borough Council was not aware Police Chief Taylor purchased
the. 15 Smith and Wesson, 40 caliber weapons, the extra
magazines, and the leather goods until the summer of 1991 when
Mayor Robert Bastian investigated the accidental firing of one
of the weapons.
40. Chief Taylor did not inform Borough Council until November
1991 that Rob's Guns and Ammo was owned by his brother, Robert
C. Taylor.
41.. In the fall of 1992, Chief Taylor directed Detective Dilcher
to obtain prior quotes for the purchase of sighting equipment.
42. Detective Dilcher obtained quotes of $519.00 from US Calvary
and $511.64 from Rob's Guns and Ammo.
43. In November of 1992 Rob's Guns and Ammo submitted a bill to
the Borough of Emmaus for the purchase of sighting equipment.
44. Borough Council, through Borough Manager Fosselman, informed
Chief Taylor that the bill would not be paid.
45. Chief Taylor submitted a memo to Police Committee Chairman
John Shafer, dated November 16, 1992, stating that he obtained
price quotes from Rob's Guns and Ammo ($511.64), and from US
Calvary $519.00, asking whether the bill would be paid and if
he should refrain from making purchases from Rob's in the
Taylor, 93- 013 -C2
Page 8
future.
46. On 12/15/92 Rob's Guns and Ammo resubmitted a bill to the
Borough of Emmaus, totaling $511.64, for sighting equipment.
47. The Borough's copy of the bill contained the handwritten
notation "Laura this was approved by pay ".
48. Borough Treasurer Laura G. Rieder prepared Borough check
#017616, dated 12/17/92, in the amount of $511.64.
49. The check was stamped with the endorsement "Rob's Guns and
Ammo" and deposited into Rob's Guns and Ammo account at the
Guaranty National Bank of Shamokin.
50. Rob's Guns and Ammo purchased the sighting equipment from
Jerry's Sporting Center for $443.90.
a. The profit to Rob's was $67.74.
51. There was no public disclosure, prior to the purchase, that
the police department was making the purchase from Rob's Guns
and Ammo.
52. The Emmaus Borough Police Department made a number of other
purchases from Rob's Guns and Ammo which included the
following:
Date of Purchase Description Amount
10/04/90 Ammunition $ 467.25
02/07/91 Ammunition $ 23.10
12/16/91 Ammunition $ 400.85
04/09/92 Ammunition $ 98.00
09/21/92 Ammunition $ 240.00
53. Each copy of Rob's Guns and Ammo invoices, on file in the
Borough, for the above purchases, contains the handwritten
notation indicating it was approved for payment by Chief
Taylor.
54. The total cost to Rob's Guns and Ammo for the materials sold
to the Borough was as follows.
40 Cal. Guns $ 7,201.35 (With UPS and COD)
Magazines $ 292.50
Pouches $ 249.75
Holsters $ 1,016.50
Sighting Equipment $ 443.90
Total $ 9,204.00
Taylor, 93- 013 -C2
Page 9
55. The total amount in funds and trade -in merchandise received by
Rob's Guns and Ammo from the Borough of Emmaus was as follows.
a. Check Number Date Amount
012045 12/17/90 $ 6,149.25
012634 03/07/91 $ 900.00
017616 12/17/92 $ 511.64
b. Twelve 357 Magnum guns
traded -in at X175.00 each $ 2,100.00
Total $ 9,660.89
56. The total profit to Rob's Guns and Ammo as a result of the
above transactions was $456.89 (9,660.89 - $9,204.00).
57. Rob's Guns and Ammo also made a profit of $730 on the re -sale
of the twelve guns traded -in by the Borough. ($2,830 -
$2,100, see finding 38).,
58. The total profit realized by Rob's Guns and Ammo equaled
$1,186.89. ($730.00 + $456.89).
59. None of the purchases made by the Borough from Rob's Guns and
Ammo, were made with prior public notice and public bidding.
'60 Frank Taylor did not file a memorandum with Emmaus Borough
indicating his relationship to the owner of Rob's Guns and
Ammo.
61. Frank Taylor did not intentionally or knowingly violate the
Ethics Act.
62. Without contesting the findings of the Investigative Division,
and in lieu of a hearing, Frank Taylor agrees to make
restitution in the total sum of $1,186.89.
III. DISCUSSION:
As Chief of Police of Emmaus Borough, Frank J. Taylor,
hereinafter Taylor, is a public official 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
Taylor, 93- 013 -C2
Page 10
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.
In addition, Section 3(f) of Act 9 of 1989 specifically
provides in part that no public official /employee or spouse or
child or business with which he or the spouse or child is
associated may enter into a contract with his governmental body
valued at five hundred dollars or more or any subcontract valued at
five hundred dollars or more with any person who has been awarded
a contract with the governmental body with which the public
official /employee is associated unless the contract is awarded
through an open and public process including prior public notice
and subsequent public disclosure.
The issues before us are whether Taylor violated Section 3(a)
or 3(f) of Act 9 of 1989 regarding the allegation that he, as
Police Chief of Emmaus Borough, contracted with Rob's Guns and
Ammo, a business owned by his brother, to supply weapons,
ammunition, and holsters to the Borough Police Department when the
contract was in excess of $500.00 and was not awarded through an
open and public process.
Taylor has been a member of the Emmaus Borough Police
Department since November, 1971 and has been Police Chief since
1986 to the present. Robert C. Taylor, the brother of Police Chief
Taylor, was the sole owner. of Rob's Guns and Ammo from June, 1989
to December, 1992 when the business was closed.
When Taylor appeared before Borough Council in November, 1990
to request the purchase of fifteen 9 millimeter handguns, Council
agreed to fund the purchase of five weapons a year over a three
year period. In the 1991 annual budget, Council approved an
allocation of $3,000.00 for the purchase of five guns for that
year.
In November, 1990, a Borough detective solicited price quotes
for the purchase of fifteen Smith & Wesson 40 caliber handguns.
Taylor, 93- 013 -C2
Page 11
Three gun dealers were contacted who supplied quotes. Rob's Guns
and Ammo was the highest quote. Thereafter, Taylor contacted the
dealers regarding their willingness to trade the current Borough
.357 Magnums as part of the purchase of the new handguns. As to
the three quotes received, after crediting an amount for the
trades, the price quote of Rob's Guns and Ammo was in the middle.
Taylor made the decision in December, 1990 to contract with
Rob's Guns and Ammo to purchase fifteen Smith & Wesson 40 caliber
handguns even though the Borough had only approved funds for five
9 millimeter guns per year over a three year period. A separate
bill was presented to Taylor for accompanying leather goods
totalling $1,169.75. The total bill of $7,049.25 included the
guns, extra bullet magazines and a credit for the handguns that
would be traded but did not include a credit for the leather goods
which would be charged at later time. The bill of $5,680.00
($7,049.25 - $1,169.75) was submitted to the Borough for payment
with Taylor's initials on the bill indicating his approval for
payment. At a December 17, 1990 meeting, Borough Council approved
the bill from Rob's Guns and Ammo-as part of a computer print out
of a bill list. Borough Council Members did not see the actual
bill from Rob's Guns and Ammo and did not know that fifteen 40
caliber rather than five 9 millimeter guns were purchased. The
Borough Treasurer subsequently prepared and issued a check on
December 17, 1990 payable to Rob's Guns and Ammo in the amount of
$6,149.25. The check represented the $5,880.00, as payment for the
guns plus fifteen double mag pouches which cost $269.25. Even
though the Borough policy was not to pay for items until they were
actually received, the guns in this case were not delivered to the
Borough until May of 1991.
On February 15, 1991, Rob's Guns and Ammo submitted a bill to
Emmaus Borough totalling $900.00 for fifteen handgun holsters. The
bill again contained the initials of Chief Taylor indicating his
approval for payment. At a March 7, 1991 Borough Council meeting,
the bill was presented as part of a computer print out and was
approved for payment by Council. Thereafter, the Borough Treasurer
issued a check on March 7, 1991 payable to Rob's Guns and Ammo in
the amount of $900.00.
Borough Council
purchased the fifteen
until the summer of 19
discharged. Further,
that Rob's Guns and
brother.
was not aware that Police Chief Taylor
40 caliber guns, magazines and leather goods
91 when one of the fire arms was accidentally
Council was not aware until November of 1991
Ammo was owned by Police Chief Taylor's
In the fall of 1992, after Chief Taylor directed that price
quotes be obtained for gun sighting equipment, two quotes were
received with the lower quote being from Rob's Guns and Ammo.
Thereafter, in November, 1992, Rob's Guns and Ammo submitted a bill
Taylor, 93- 013 -C2
Page 12
to Emmaus Borough for the purchase of sighting equipment. Borough
Council advised Chief Taylor that the bill would not be paid.
Thereafter, on December 15, 1992, Rob's Guns and Ammo resubmitted
the bill, totalling $511.64. The Borough's copy contained a
handwritten notation "Laura this was approved by pay ". The record
provides no insight as to who authored the handwritten notation.
The Borough Treasurer prepared a check dated December 17, 1992 in
the amount of $511.54 payable to Rob's Guns and Ammo.
As to the above, to re was never any public disclosure, prior
to purchase, that the Police Department was buying from Rob's Guns
and Ammo. There were also sundry purchases of ammunition over an
approximate two year period from Rob's Guns and Ammo with the
invoices containing the handwritten notation that it was approved
for payment by Police Chief Taylor.
The record reflects that Rob's Guns and Ammo made a total
profit of $1,186.89 from the foregoing transactions based upon a
profit of $730.00 on the resale of the guns that were traded in by
the Borough plus a $456.89 profit on the transaction of the sale of
the new guns, ammunition and holsters.
Although none of the above purchases from Rob's Guns and Ammo
was made with prior public notice and public bidding, there is no
evidence of record that Police Chief Taylor intentionally or
knowingly violated the Ethics Law as to these activities.
In applying the provisions of the Ethics Law to the above
facts, we find a violation of Section 3(a) but not Section 3(f) of
Act 9 of 1989. As to Section 3(a), Police Chief Taylor used the
authority of his office because it was he who made.the decision to
purchase the fifteen Smith & Wesson handguns. We are cognizant of
the fact that Police Chief Taylor initially sought and obtained
authorization from Borough Council for the purchase of the guns.
However, there are two reasons why that authorization is unavailing
as a defense. First, what Chief Taylor purchased was beyond the
scope of the authorization given by Council. Council authorized
Chief Taylor to purchase five 9 millimeter guns a year over a three
year period. Chief Taylor, however, purchased fifteen 40 caliber
guns in a one year period. Such action was taken solely by Taylor.
Second, even if we were to assume that there was a valid Borough
authorization in this case, that authorization would not form a
basis for allowing Taylor to violate the Ethics Law by awarding the
contract to his brother's business. Therefore, the actions by
Taylor in this case constituted a use of authority of office on his
part. Juliante, Order No. 809.
The use of authority of office of Taylor resulted in a private
pecuniary benefit amounting to the $1,186.89 of profit made by
Rob's Guns and Ammo. Lastly, the private pecuniary benefit inured
to a business with which a member of Taylor's immediate family was
Taylor, 93- 013 -C2
Page 13
associated. "Immediate family" is defined under Act 9 of 1989 as
follows:
Section 2. Definitions
"Immediate family." A parent, spouse,
child, brother or sister.
15 P.S. §402.
Since Rob's Guns and Ammo was owned by Robert Taylor who is
the brother of Police Chief Taylor, it is that Rob's Guns and
Ammo is a business with which a member of Taylor's immediate family
is associated. Accordingly, Taylor violated Section 3(a) of Act 9
of 1989 when he used the authority of office to obtain a private
pecuniary benefit for a member- of his immediate family through the
purchase of handguns and other items for the Borough Police
Department from Rob's Guns and Ammo.
As to Section 3(f) of Act 9 of 1989, the record reflects that
the 'contract in this case was in excess of $500.00 and was not
awarded through an open and public process as required by the
contracting provision of the Ethics Law. However, Section 3(f) is
limited in its to the public official /employee, his
spouse, child or a business in which the public official/ employee,
his spouse or child is associated. In this case, the contracting
was with a business with which Taylor's brother is associated.
Accordingly, since Taylor's brother is not within the class of
enumerated persons as to which Section 3(f) has application, we are
constrained to find no violation of that provision of law.
This Commission has the power to exercise its discretion to
impose a treble penalty or restitution. This power is explicitly
provided in Act 9 of 1989. 65 P.S. §407(13). In this case, we
believe that restitution is appropriate and warranted as to the
- profit made by Rob's Guns and Ammo. Since the profit amounted to
$1,186.89, we order restitution by Taylor in that amount payable in
a timely manner through this Commission to the order of Emmaus
Borough. Compliance with the foregoing will result in the closing
of this case with no further action. Non - compliance with the
foregoing will result in the initiation of an order enforcement
action.
IV. CONCLUSIONS OF LAW:
1. Frank J. Taylor, as Police Chief of Emmaus Borough, is a
public employee subject to the provisions of Act 9 of 1989.
2. Taylor violated Section 3(a) of Act 9 of 1989 when he used the
authority of office to obtain a private pecuniary benefit for
a business with which a member of his immediate family was
Taylor, 93- 013 -C2
Page 14
associated consisting of the $1,186.89 in profit on a contract
between the Borough and Rob's Guns and Ammo.
3. Taylor did not violate Section 3(f) of Act 9 of 1989 regarding
contracting between the Borough and Taylor's brother in that
the contracting was not awarded to the public official/
employee, spouse, child, or business with .. which the public
official /employee, spouse or child was associated as required
by Section 3(f) of Act 9 of 1989.
The private pecuniary benefit as to the violation of Section
3(a) of Act 9 of 1989 amounted to $1,186.89.
In Re: Frank J. Taylor File Docket: , _; -93- 013 -C2
: Date Decided: December 7, 1993
: Date Mailed: December 10, 1993
ORDER NO. 906
1. Frank J. Taylor, as Police Chief of Emmaus Borough, violated
Section 3(a) of Act 9 of 1989 when he used the authority of
office to obtain a private pecuniary benefit for a business
with which a member of his immediate family was associated
consisting of the .;1,186.89 in profit on a contract between
the Borough and Rob's Guns and Ammo.
2. Taylor did not violate Section 3(f) of Act 9 of 1989 regarding
contracting between the Borough and Taylor's brother in that
the contracting was not awarded to the public official/
employee, spouse, child, or business with which the public
official /employee, spouse or child was associated as required
by Section 3(f) of Act 9 of 1989.
3. The private pecuniary benefit as to the violation of Section
3(a) of Act 9 of 1989 amounted to $1,186.89.
4. Taylor is ordered to make restitution of $1,186.89 in a timely
manner payable through this Commission to the order of Emmaus
Borough.
5. Failure to comply with the provision of Paragraph 4 will
result in the initiation of an order enforcement action in
Commonwealth Court.
6. Compliance with Paragraph 4 will result in the closing of this
case with no further action.
BY THE COMMISSION,
JAMES M. HOWLEY,` tt