HomeMy WebLinkAbout918 GolbaSTATE ETHICS COMMISSION
308• FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Ronald Golba - : File Docket: 92- 044 -C2 •
: Date Decided: 02/17/,4
•
. Date Mailed: 02/24/94
Before: James M. Howley, Chair
Dennis C. Harrington
Roy W. Wilt
Austin M. Lee
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.
5401 et sect. 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 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. S408(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).
Golba, 92- 044 -C2
Page 2
I. ALLEGATION:
That Ronald Golba, a Supervisor for Shenango Township, Warren
County, violated the following provision of the State Ethics Act
(Act 9 of 1989) , when he used the authority of his office to be
compensated for duties not permitted by law and when he used his
office as township supervisor to purchase items for his personal
use from a Government Surplus Property Program, which is available
only to government entities.
Section 3. Restricted Activities.
(a) No public official or public employee
shall engage in conduct that constitutes a
conflict of interest.
65 P.S. 403(a).
Section 2. Definition.
"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.
65 P.S. 402.
II. FINDINGS:
1. Ronald Golba has served as a Supervisor for Shenango Township,
Lawrence County, since January, 1988.
a. He served` as Chairman of the Board in 1990, 1991, and
1992.
b. Golba was removed as Chairman of the Board and as
roadmaster on November 12, 1992.
golbl, 92- 044 -C2
Page 3
c. Golba has not attended a monthly Supervisor's meeting
since August, 1992.
2. Ronald Golba is a general contractor by trade.
3. Shenango Township Supervisor's Reorganization Meeting include
action taken to appoint supervisors as roadmasters from 1988
through. 1992.
a. Golba annually participated in Board actions to appoint
supervisors as roadmasters.
b. The actions were approved unanimously.
c. No action was taken to divide the township into road
districts.
(1) The supervisors divided the township into zones
after the Reorganization meeting each year.
4. The Shenango Township Auditors took action to approve
supervisor's wages at their Annual Reorganization Meetings.
Auditor Reorganization Minutes reflect the following action on
wages:
a. January 3, 1990:
A motion was made to increase the wages of the township's
supervisors from $9.00 an hour to $9.45 per hour.
A motion was made to approve the following holidays; New
Years Day, Good Friday, Memorial Day, July 4, Labor Day,
Election Day, . Thanksgiving, Christmas Day, and either the
day after or the day before.
A motion was made to approve vacation for . supervisors
with either one or two years experience as roadmaster
to be granted two weeks vacation with pay at their
regular rate of hourly wages.
A motion was made to approve time and a half to be paid
for all hours worked in excess of eight hours in any work
day or forty hours in any week. There will be no
pyramiding of overtime pay.
A motion was made to approve life insurance at $5,000.00;
health and accident insurance; and hospitalization at
semi- private rate.
b. January 8, 1991:
Golba, 92- 044 -C2
Page 4
Motion was made to increase the township's supervisor's
wages from $9.45 to $9.95 per hour.
Additional compensation in the form of holidays,
vacations, overtime, health and accident insurance and
hospitalization was approved the same as the previous
year.
Life insurance was increased from $5,000.00 to
$10,000.00.
c. January 7, 1992:
A motion was made to increase the township's supervisor's
wages from $9.95 to $10.20 per hour.
Holidays, vacation, overtime, life insurance, health -
accident insurance and hospitalization were all approved
the same as the previous year.
The auditors decided to research the wages of
roadmasters- supervisors- laborers in the surrounding
townships.
d. January 5, 1993:
Wages for supervisors (acting as roadmasters) were frozen
at $10.20 /hour.
Holidays, vacation, overtime, life insurance, health -
accident insurance and hospitalization were all approved
the same as the previous year.
Supervisor Joseph Budai requested a letter of findings at
the end of the audit.
5. Shenango Township employs four full -time road employees.
a. These employees are hired by the supervisors.
b. These employees perform all of the road repairs and
related maintenance to township roads.
c. The years of employment for the road workers ranges from
7 to •27 years.
6. The work activities of the township road crew are reported on
bi- weekly. time sheets.
a. The time sheets contain information which includes dates
worked, hours worked, a general description of work
Golba, 92- 044 -C2
Page 5
performed and "payroll information.
b. The hours and duties of the crew and roadmasters were
recorded on the time sheets by the Board Chairman.
(1) Ronald Golba signed the time sheets as Chairman of
the Board of Supervisors, from 1988, through March,
1992.
(2) Some time sheets reflect the signatures of all
three supervisors.
7. In April, 1992, the supervisors /roadmasters, and road crew
began using a different form of time sheet.
a. Start and stop times were recorded in addition to total
hours worked.
b. No description of work performed is provided.
8. Normal hours of operations for the Shenango Township Road
Department are Monday through Friday, 7:00 AM to 3:30 PM.
9. and duties reporteddiby Ronald Time include hours
January,19 8 and
and duties repot y
1992.
a. 1988:
Date Hours Duties
1/1/88- 1/15/88 10 reg. Install new signs; cut brush.
1/18/88- 1/29/88 30 reg. Patch pot holes; ditch Old
Butler Road; food give- sway;
work on equipment; plow and ash
roads.
2/1/88- 2/12/88 40 reg. r on plow
shoes; ash
roads; work in
garage on
equipment.
2/15/88-2/26/88 42 reg. Ash roads; work on toilet
facility in garage; patch
potholes; work on equipment in
garage.
2/29/88-3/11/88 40 reg. sewers; flag for r ad work ash
roads; work on sewer on
Basilone Street.
3/14/88 - 3/25/88 40 reg. Ash roads; work on brakes on
high lift; equipment
maintenance; repair pot holes;
pickup food.
Golba, 92- 044 -C2
Page 6
3/28/88 - 4/9/88
4/11/88- 4/22/88
4/25/88 - 5/6/88
5/9/88 - 5/20/88
5/21/88- 6/5/88
6/6/88 - 6/17/88
6/28/88 - 7/1/88
7/4/88- 7/15/88
7/18/88- 7/29/88
8/1/88 - 8/12/88
8/15/88- 8/26/88
8/29/88- 9/9/88
9/12/88- 9/23/88
9/26/88- 10/7/88
10/10/88 - 10/21/88
10/24/88 - 11/4/88
11/7/88 - 11/18/88
11/21/88- 12/2/88
80 reg. Haul limestone; work on
1 hol. equipment, fix pot holes.
42 reg. Fix catch basins; fill low
berms with limestone; remove
snow fence; fix pot holes.
62 reg. Clean garbage along roads; fix
pot holes; install signs.
66 reg. Grade berms; broom roads;
repair grader; ditch roads.
74 reg. Vehicle maintenance, cut brush;
sweep roads; install culverts.
44 reg. Grade; clean catch basins;
clean sewer; hot patch; install
culverts.
40 reg. Repair culverts; repair
equipment; install signs;
pickup food and food
distribution; black top.
40 reg. Fix manholes; haul sand;
6 hol. work on sewer line at township
building.
40 reg. Work on police car; sweep
roads; hot patch; cut weeds;
grade berms.
40 reg. Grade and sweep roads; clean
catch basin; berm roads.
40 reg. Grade berms; work on equipment
and garage; lower culverts.
40 reg. Hot patch; equipment
1 hol. repair; grading and sweeping;
tar and chipping.
40 reg. Cold patch roads; cut - weeds;
pickup food and food
distribution; install culvert
pipe.
40 reg. Work on catch basins; install
pipe.
40 reg. Install pipe; equipment
maintenance; grade roads; patch
pot holes.
40 reg. Clean ditches; install snow
fence; repair equipment;
grading roads; work on water
line at elementary school.
40 reg. Clean manholes; haul dirt; cut
2 hol. trees; install culvert pipe,
cold patch roads.
64 reg. Install signs; ash roads;
2 hol. patch potholes ;equipment
repair; make reel for rope to
clean sewers.
Golba, 92- 044 -C2
Page 7
12/5/88 - 12/16/88 80 reg. Food distribution; ash roads;
repair potholes; haul
materials; make street signs;
equipment repair; pickup food
for distribution.
12/19/88- 12/30/88 80 reg. Plow and ash roads; work on
2 hol. equipment; repair lights at
buildings; repair equipment.
b. 1989:
1/1/89- 1/13/89 80 reg. Sew asked roa equipmen
Hamilton St.
1/16/89- 1/27/89 80 reg. Patched potholes; hauled
4 ot. gravel; Columbia Drive road
repairs; limestone berm on
Ridgewood Court; clean sewer
lines.
3/13/89- 3/24/89 60 reg• check the d l ft pass
out surveys for water line.
3/27/89- 4/7/89 80 reg. Limestone berm and potholes;
patched pot holes; swept roads;
fixed catch basin on Savannah
Road.
4/10/89- 4/21/89 80 reg• school; ball worked field on at high
cruiser; swept roads; worked at
school; removed snow fence.
4/24/89 - 5/5/89 80 reg. Sand #4 truck for painting and
painted the same; cleaned
ditches -Old Princeton Road and
Old Butler Road; worked on
truck bed.
5/8/89- 5/19/89 80 reg' Lowered
cut gr ass, fill d Williams
potholes, cut tree on Sandy
=Hill Road; worked on police
cruiser.
5/22/89 - 6/2/89 80 reg. Hot patched Old Butler Road,
1 hol. closed street, Martha Street;
hauled dirt for Ridgewood
Court; limestoned Cornell
Avenue.
6/5/89- 6/16/89 80 reg. Hot patched closed street,
6.5 ot. Willowhurst Circle, Ridgewood
Court; clean ditch on Plum
Street; cut brush and weeds;
cleaned pipe on Snake Road.
7/3/89- 7/14/89 80 reg. Ditching - Frank Avenue; checked
Golba, 92- 044 -C2
Page 8
7/17/89 - 7/28/89
7/31/89 - 8/11189
8/14/89 - 8/25/89
Not all.- time sheets
c. 1990:
1/1/9 -0- 1/12/90
1 /15/90- 1/26/90
1/29/90- 2/9/90
2/11/90 2/23/90
2/26/90- 3/9/90
3/12/90- 3/23/90
3/26/90- 4/6/90
4/9/90- 4/20/90
4/23/90 - 5/4/90
5/7/90 - 5/18/90
1 hol. lift stations; graded berms;
ditched Wilson Avenue.
80 reg. Backhoe work at high school;
install culvert - Sankey Hill
Road; install catch basin -
Melody Lane; cut tree; reset
culvert.
72 reg. Black top; haul dirt; tar and
12 ot. chip; install'culvertipipe; hot
patch alleys.
80 reg. Hauled black -top; fixed sewers;
7 ot. equipment repair; graded and
hot patched; worked at high
school. ..
12/4/89- 12/15/89 0
12/18/89- 12/29/89 43 reg. Ashed roads; food giveaway.
were available for the year
80 reg.
16 ot.
1 hol.
80 reg.
19 ot.
Patch roads; cut brush; haul
stone; make catch basins.
Cut brush; flush sewers; truck
maintenance; haul stone; make
signs.
80 reg. Pothole repair; haul stone;
22 repair equipment; repair force
main; replace.- culverts; snow
removal; cut brush.
80 reg. Patched potholes; snow
6.5 ot. removal; replace culverts-
gardener Center Road, Hazen
Street, Cochran Hill.
80_reg. Winter road maintenance;
26.5 ot. repair equipment; cut brush;
filled potholes.
80 reg. Haul stone; repair vehicles;
check lift station; swept
roads; prepare for paving.
80 reg. Haul gravel from Kittanning and
Vanport; remove spreaders from
trucks; food distribution; road
work.
Clean ditches; replace
culverts haul sand and. stone.
80 reg.
7 ot.
1 hol.
80 reg.
5 ot.
80 reg.
None listed.
1989.
Repair mower; stored snow
Go, 92- 044 -C2
Page 9
5/21/90- 6/1/90
6/4/90 - 6/15/90
8/90- 6/29/90
Not all time sheets were
d. 1991,:
10/7/91- 10/18/9
10/21/91 -11 /1/91
11 /4/91 - 11/15/91
11/18/91 - 11/29/91
12/2/91 - 12/13/91
12/16/91- 12/27/9
6 ot. plows; hauled limestone;.
prepare and berm streets;
install catch basins; replace
culverts.
80 reg. None listed
80 reg. Paving roads; organize material
9 ot. in buildings; patched pot
holes; mowed grass.
80 reg. Replace culverts; flush storm
sewers; berm roads; spread
stone; pickup food for food
give -away.
available for the year 1990.
80 reg. Blacktopped laterals; equipment
maintenance; truck inspections;
hauled materials.
80 reg. Paved footer on -pump house;
check stop signs and road
signs; worked on equipment; cut
brush; hauled stone; installed
driveway to pump house; dug
footer on pump house.
80 reg. Sealed road cuts; laid block on
2 hol. pump house; police car
maintenance.
80 reg. Check pump house and clean;
2 hol. police car maintenance; park;
truck maintenance.
80 reg. Clean pump house; check stop
and road signs; cut brush;
worked at park; laid block;
poured slab and water
maintenance.
80 reg. Cold patch roads; picked food
2 hol. for give -away; snow removal and
maintenance; food give -away;
sewer backed up; road
maintenance.
Not all time sheets were available for the year 1991. In
1991, the time sheets reflect only the signature of Ronald Golba as
Superintendent /roadmaster /foreman. The time sheets are not signed
by the other two supervisors.
e. 1992:
12/30/91 - 1/10/92 80 reg. Laid block on pump house; shop
Golba, 92-044-C2
Page 10
1/13/92 - 1/24/92
1/27/92- 2/7/92
2/10/92 - 2/21/92
2/24/92- 3/6/92
3/9/92 - 3/20 -92
10. During the latter
using a different
individual for one
total hours worked
by the individual.
performed.
W/E 4/3/92
W/E 4/10/92
W/E 5/15/92
W/E 5/22/92
W/E 5/29/92
11. After June 30, 1992, Ronald Golba did not
Township as a roadmaster.
12. W -2 Wage & Tax Statements show that
compensated as a supervisor / roadmaster by
between 1988 and 1992.
1988: $11,007.50
1989: $20,450.25
1990: $20,559.18
1991: $21,853.08
1992: $ 7,176.80
1 hol.
80 reg.
80 reg.
4 vac.
80 reg.
80 reg.
45 vac.
80 reg.
14 vac.
part of March, 1992, the township began
sign in sheet. Each sheet is for one
week; in and out times listed each day and
at the bottom. Each time sheet is signed
None of the time sheets lists any duties
40 sick time
24 regular
20 regular
20 regular
40 -regular
maintenance; replaced signs;
maintenance on trucks; clean
out garage.
Snow removal; tap sewer; truck
maintenance; equipment
maintenance; patched holes and
repaired signs.
Winter maintenance on trucks;
repair pot holes; sweep roads;
truck maintenance; build roof
on pump house and shingle same.
Sweep roads; patch pot
holes;repair storm sewer; made
grates for catch basins; clean
catch basins.
Patch holes; equipment
maintenance; repair culvert;
pickup food and food give -away;
sweep; clean lift stations.
Sign maintenance; patch holes;
road maintenance;. sewer
maintenance; equipment
maintenance; lift station
check.
work for Shenango
Ronald Golba was
Shenango Township
c9.1ba, 92- 044 -C2
Page 11
13. Checks
performed issued
as a roadmaster between or the township 1992
include w t
he the
e peorm
following:
Check # Date Amount
960 1/15/88 $ 71.12
976 1/29/88 200.40
994 2/12/88 265.51
1004 2/26/88 279.14
1029 3/11/88 265.51
1038 3/25/88 265.51
1053 4/8/88 515.03
1074 4/22/88 279.14
1086 5/6/88 364.94
1106 5/20/88 380.86
1127 6/3/88 432.52
1143 6/17/88 237.14
1162 7/1/88 255.51
1174 7/15/88 176.27
1196 7/29/88 220.89
1211 8/12/88 255.51
1227 8/26/88 265.51
1245 9/9/88 255.51
1262 9/23/88 265.51
1282 10/7/88 255.51
1305 10/21/88 265.51
1317. 11/4/88 265.51
1330 11/18/88 265.51
1341 . 12/2/88 572.60
1365 12/16/88 525.03
1383 12/30/88 525.03
Total 1988: $7,926.23
1404 1/13/89 671.72
1421 1/27/89 . 580.88
1434 2/10/89 570.88
1 1452 2/24/89 580.88
1469 3/10/89 263.80
1487 3/23/89 406.71
1510 4/7/89 530.61
15 4/21/89 540.61
1537 5/5/89 530.61
1561 5/19/89 568.81
1581 6/2/89 530.61
1600 6/16/89 590.05
1618 6/30/89 580.88
1642 7/14/89 530.61
1657 7/28/89 586.95
1677 8/11/89 633.42
Golba, 92- 044 -C2
Page 12
1688 8/25/89 606.08
1717 9/8/89 596.08
1736 9/22/89 631.28
1755 10/6/89 530.61
1778 10/20/89 540.61
1799 11/3/89 540.61
1814 11/4/89 540.61
1842 12/1/89 592.98
1843 12/1/89 273.80
1862 12/15/89 631.28
1882 12/29/89 900.51
Total 1989: $15,082.48
1894 1/13/90 700.22
1915 1/27/90 587.20
1933 2/9/90 604.15
2429 2/23/90 553.99
2450 3/9/90 709.10
2524 3/23/90 568.73
2552 4/6/90 558.73
2628 4/20/90 615.32
2651 5/4/90 586.01
2709 5/18/90 622.67
2738 5/31/90 538.73
2811 6/15/90 609.62
2835 6/29/90 568.73
2891 7/13/90 296.10
2924 7/27/90 568.73
3007 8/10/90 558.73
3092 9/7/90 558.73
3183 9/20/90 568.73
3216 10/5/90 558.73
3311 10/19/90 568.73
3331 11/1/90 568.73
3413 11/16/90 568.73
3425 11/30/90 568.73
3456 12/15/90 622.67
3536 12/28/90 729.53
Total 1990: $14,560.07
3562 1/11/91 740.63
3616 1/24/91 667.04
3643 2/8/91 693.25
3712 2/22/91 724.57
3734 3/8/91 679.93
3819 3/22/91 710.58
3870 4/5/91 617.40
3944 4/19/91 577.27
3991 5/3/91 578.35
Golba, 92- 044 -C2
Page 13
4060 5/17/91' 588.35
4095 5/31/91 508.35
4154 6/14/91 578.35
4179 6/28/91 588.35
4211 7/11/91 568.35
4271 7/26/91 588.35
4348 8/9/91 578.35
4379 8/23/91 577.21
4416 9/3/91 567.21
4520 9/20/91 577.21
4544 10/3/91 567.21
4625 10/17/91 233.83
4647 10/31/91 233.83
4674 11/14/91 348.29
4762 11/25/91 348.29
4791 12/12/91- 348.29
4868 12/23/91 348.29
4895
4983
5014
5075
5106
5161
5203
5298
5363
5401
Total 1991:
Total 1992:
1/10/92
1/24/92
2/6/92
2/20/92
3/5/92
3/19/92
4/2/92
4/20/92
5/14/92
5/28/92
$14,227.13
352.59
176.38
366.79
183.79
298.47
242.63
332.63
22.70
146.93
126.93
$2,249.84
14. Shenango Township participated in a Food Distribution Program
sponsored by Lawrence County.
a. The county provided surplus food to be distributed to
eligible persons in the participating communities.
15. Shenango Township Supervisors /Roadmaster's assisted the road
crew in the pick -up and distribution of the food.
a. The county notified the township when the food was
available.
b. The township road crew and truck• were used to pick up
food from the county.
c. Each distribution began at 7:00 AM and ended at
approximately 10:30 AM.
Golba, 92- 044 -C2
Page 14
d. Left -over food was inventoried and returned to the
county.
16. The bi- weekly time sheets show that Ronald Golba picked up and
distributed food while being paid as a roadmaster.
a. The road crew and other supervisors worked with Golba on
this.
17. According to the township bi- weekly time sheets, Golba
participated in food pick -up and distribution on the following
dates:
1/22/88
3/24/88
3/25/88
6/23/88
6/24/88
9/22/88
9/23/88
12/15/88
12/16/88
3/16/89
3/17/89
12/21/89
3/30/90
12/19/91
12/20/91
3/5/92
3/6/92
food give -a -way
pickup food and work on Mack truck hoist
(no description of duties) food give -a -way
pickup food
food distribution
pickup food
food distribution
pickup food for distribution
food distribution
pickup food
distribute food
food give -a -way
food distribution
food pickup
food give -a -way, snow removal and
maintenance
equipment maintenance, food pickup,
food give -a -way
1988: 49 hrs @ $8.75 per hr =
1989: 10 hrs @ $9.00 per hr =
1990: 8 hrs @ $9.45 per hr =
1991: 16 hrs @ $9.95 per hr =
1992: 14 hrs @ $10.20 per hr =
$428.75
90.00
75.60
159.20
142.80
$896.35
5 hrs.
4 hrs.
4 hrs.
4 hrs.
4 hrs.
8 hrs.
4 hrs.
8 hrs.
8 hrs.
4 hrs.
4 hrs.
2 hrs.
8 hrs.
8 hrs.
8 hrs.
6 hrs;
8 hrs.
18. Golba was paid for 97 hours for the distribution of food
between January., 1988, and March, 1992.
19. Golba was compensated a total of $896.35 as a roadmaster while
participating in food distributions between January, 1990, and
March, 1992.
20. The Shenango Township Sewer Authority operates the sewer
system in the township.
a. The Sewer Department handles billings, payments and
customer service.
Golba, 92- 044 -C2
Page 15
b. The construction of the sewer lines is contracted out.
c. The township road crew and roadmasters perform
maintenance and emergency repairs on the sewer lines.
21. The Shenango Township maintenance an e
General Fund emergency repairs performed
by the road crew and roadmasters.
22. townshi l Sewer on hree occasions. The paym payments P t are as follows:
8/10/90
8/9/91
6/10/93
23. Reimbursements for work performed on the sewer lines in 1990
and 1991, were handled verbally between the township secretary
and the Sewer Department Secretary, invoices were not
prepared.
a. Reimbursements were not made prior to 1990.
24. In 1992, the township performed repairs on the sewer lines
damaged by contractor, Bruce Sikora Excavating.
a. The township is attempting to recover the cost of the
repair-from the contractor.
b. The Sewer Department has not reimbursed the township for
those repairs.
25. Township records include an. invoice from the township to Bruce
Sikora Excavating for the repairs caused by the contractor
which includes labor costs for two supervisors, 16 hours C
$20.40 per hour.
a. Each supervisor worked 16 hours on the sewer line.
b.
c
Check *1367
Check *1497
Check *1766
$ 408.20
150.00
2,130.19
Wages (flusher)
Crew wages
Road crew wages
Each supervisor was paid $10.20 per hour,
$163.20.
performed the
total of
work were not
The supervisors who
identified.
26. Bi- weekly time records reflect that Golba spent the following
hours on sewer related work while being paid as a roadmaster
for Shenango Township between January, 1988, and March, 1992.
Date Description )lours,
21ba, 92- 044 -C2
Page 16
3/1/88
3/10/88
6/8/88
7/8/88
7/11/88
7/12/88
7/14/88
11/30/88
1/1/89
1/9/89
1/10/89
1/25/89
1/26/89
3/21/89
3/31/89-
7/7/89
12/6/89
1/19/90
2/19/90
2/20/90
3/23/90
4/18/90
1/17/92
3/16/92
3/19/92
3/20/92
worked on police cruiser and checked sewers
worked on sewer on Basilone St.
cleaned sewer on Cascade St.
worked on sewer line at township building
worked on sewer line at township building
worked on sewer line at township building
worked on sewer line at township building
made reel for rope to clean sewers
worked on sewers
fixed sewer line - Hamilton St.
work continued on Hamilton St.
clean out sewer line
clean out sewer line
check out lift stations
check sewer lines
checked lift stations
checked out sewers
flush sewers
flusher to clean lift stations
flusher to clean and flush storm sewers
checked lift station
checked and cleaned lift stations
-tap sewer, Gratton Pool (morning)
-snow removal (afternoon)
- talked to inspectors on water line
about possible interference with sewer
- meeting with police
-Mike Marburger in on camera use -
- Cascade - Savannah Roads (sewer lines)
sewer maintenance, Penna. Avenue
sewer maintenance, Penna.. Avenue
8
8
4
4
2
1
6
8
4
8
10.5
8
8
5
8
8
8
8
8
8
8
8
8
8
8
•8
27. Golba received $1,845.10 in compensation as a roadmaster for
hours spent on sewer related work.
a. 1988: 41 hrs @ $8.75 = $358.75
b. 1989: 65.0 hrs @ -$9.00 = $585.00
2.5 hrs @. $13.50 = $ 33.75
c. 1990: 40 hrs @ $9.45 = $378.00
e. 1992: 32 hrs @ $10.20 = $326.40
28. In 1989, the Shenango Township Supervisors took official
action to approve the application for Pennvest loan, to be
utilized for the extension of water lines within the township.
a. Included in the project was the construction of a pump
house.
Go lba, 92- 044 -C2
Page 17
b. The supervisors informally decided not to bid the pump
house construction
c. In part, this decision was based on Ronald Golba's
experience as a general contractor.
29. Ronald Golba worked on and oversaw the construction of the
pump house:
a. Golba is a general contractor by trade.
b. Township road employees worked on the construction of the
pump house.
30. The bi- weekly time reports show following
part of dates,
the
Golba performed work on a pump house which was
water line extension project.
10/28/91 install driveway to pump house 8
10/29/91 dug footer on pump house 8
11/1/91 poured footer on pump house 8
11/8/91 layed block on building 8
11/13/91 layed block on pump house 8
11/14/91 layed block on pump house 8
12/9/91 layed block 8
12/10/91 layed block 8
12/11/91 layed block 8
1/2/92 16.yed block on pump house 8
1/3/92 layed block on pump house 8
1/7/92 pump house 8
1/8192 pump house 8 8
1/8/92 roof on pump house 8
1/29/82 roof on pump house 8
1/3%92 shingles on pump house
31. Ronald Golba received compensation in the amount of $1,305.60,
as a roadmaster, while performing work on the pump house.
128 hours @ $10.20 per hr = $1,305.60
32. The pump house was not constructed according to the
specifications drawn up by the township engineers which were
based on the requirements of the Department of Environmental
Resources and the water company.
33. In May, 1992, Supervisors Budai and Schweinsberg took official
action and directed Golba to reconstruct the pump house
according to specifications.
34. Golba reconstructed the pump house at no cost to the township.
Golba, 92- 044 -C2
Page 18
a. Golba's hours were not compensated.
b. Materials purchased by the township, were charged back to
Golba.
c. Other supervisors and road crew who assisted in the
reconstruction did so on a voluntary basis.
35. Bi- weekly time records include hours claimed by Supervisors
Budai and Golba for work performed on the township park. The
road crew also worked on the same dates.
11/20/91 park 8 hours
11/21/91 park 8 hours
11/22/91 park 8 hours
11/26/91 park 8 hours
11/27/91 park 8 hours
12/5/91 park 8 hours
12/6/91 park 8 hours
36. Golba's compensation for work performed on the township park
while being compensated as a roadmaster totaled $557.20.
37. Former Shenango Township Supervisor /Roadmaster, Andrew
Piccuta, refused to sign the time sheets for September,
October, November, 1991, because Supervisor Golba and Budai
were not working in the township.
a. Piccuta refused to sign the time sheets because Golba and
Budai were not available for work.
b. Time sheets dated 10/7/91, through 12/27/91, only reflect
Ronald Golba's signature.
(1) Supervisors Budai and Piccuta did not sign the time
sheets.
c. Golba was paid a total of $2,308.66 between September and
November, 1991. -
38. Township read workers assert that Golba assisted the township
road crew with the following projects:
a. Golba took charge of and worked through the entire pump
house project.
b. On the sewer line break at Old Pittsburgh Road, Golba
helped a little bit.
c. On the bridge repair on Old Butler Road, Golba worked
Golba, 92- 044 -C2
Page 19
three to four days of one week in 1991.
39. The road crew asserted the following regarding projects that
the road crew completed in which Ronald Golba did not assist:
a. On the„ paving project on Old Pittsburgh Road, only
Supervisor Schweinsberg helped.
- b. On the repair of manholes on Savannah Road, only
Supervisor Schweinsberg oversaw the project.
c. When snow plowing during the winter, Golba rode with one
of the road crew on several occasions, but most of the
time, if the supervisors came out, they spent the time in
the township building while the road crew was plowing
snow.
d. Most of the time, supervisors are tied up with meetings,
etc., at the township building, and are not out on the
roads with the road crew.
"40. Ronald Golba usually works on the projects which involve
building. Golba has been known to drive the mowing machines
and clean driveway pipe.
41. The engineering firm of Copple & Rizzo Associates was
appointed township engineer each year, 1988 through 1992, by
unanimous vote. Copple -Rizzo had been the township engineers
for a number of years prior to 1988.
a. The votes to appoint Copple -Rizzo were always unanimous.
b. Ronald Golba regularly voted to appoint Copple -Rizzo as
township's engineer.
c. Joseph Budai regularly voted to appoint as township
engineers.
42. -Between 1988 and 1992, Ronald Golba, a general contractor, was
employed by Copple -Rizzo Associates to perform remodeling work
on their offices. The remodeling took place in phases over a
three year period. The following payments were made to Ronald
Golba:
a. 1989:
4/7/89 - $ 50.00, check #1537
9/15/89 - $ 200.00, check #479
9/11/89 - $2,000.00, check #2204
Total $2,250.00
Golba, 92- 044 -C2
Page 20
b. 1990:
1/19/90
7/20/90
7/5/90
Total:
c. 1991:
4/5/91
6/21/91
6/28/91
7/25/91
9/4/91
9/16/91
10/4/91
10/4/91
Total:
d. 1992:
b.
- $ 800.00,
- $ 940.00,
- $1,300.00,
$3,040
check #2833
check #3224
check #3609
- $1,395.00, check #4240
- $2,888.39, check #4438
- $ 759.00, check #4451
- $2,288.00, check #4504
- $2,178.00, check #4607
- $1,755.00, check #4638
- $1,250.00, check #4670
- $ 31.00, check #4671
$12,544.39
1/1/92 - $1,000.00,
2/15/92 - $3,000.00,
4/5/92 $2,201.00,
12/13/92 - $ 249.00
Total: $6,450.00
check #198
check #217
check #256
Check #479 issued to Ronald Golba in 1989, for $2,000.00
came from the account of Copple -Rizzo & Associates. This
is the only check issued from that account.
43. Statements of Financial interests on file with the Shenango
Township Secretary for Ronald Golba include the following:
a. Filing date: March 16, 1987
For the year: 1986
Source of Income: Ron Golba Construction
Creditors: Ellwood City Federal -13%
Office or Directorship-: Ron Golba
Construction - President
Real Estate Interests: Storage garage, Station Road,
New Castle; property, Hoover
Road, New Castle
All other Financial Interest Categories: None
Filing date: Undated
For the Year: Blank
Source of Income: Shenango Township
Golba, 92- 044 -C2
Page 21
All other Financial Interest Categories: None
c. Filing date: Blank
For the Year: 1990
Source of Income: Shenango Township
All other Financial Interest Categories: None
44. The Township Secretary, maintained separate files for
candidates and current officials. Not all files were
available for purposes of the Statement of Financial Interests
Audit.
Findings 45 through 70 refer to the second allegation. Findings 1
through 44 are incorporated herein.
45. The Federal Surplus_ Property Program is administered by the
General Services Administration under the Federal Property and
Administrative Services Act of 1949, as amended.
46. The Pennsylvania Department of General Services, Bureau of
Supplies and Surplus Operations, is the agency designated to
distribute surplus federal property, and ensures compliance
with Federal regulations within the state.
47. Federal law determines eligibility as "non- profit, tax - exempt
organizations that serve the public good in the areas of
health or education, and to government agencies,
political subdivisions, and organizations funded by and
under the direction of political subdivisions ".
48. The Federal Surplus Property Program was not open to the
general public.
49. Shenango Township had participated in the Federal Surplus
Property Program since 1981.
a. Their application for eligibility to the Commonwealth of
Pennsylvania, Department of General Services Surplus
Federal Property Division, was made November 30, 1981.
b. The application was made in the name of Shenango
Township, 1000 Willowbrook Road, New Castle, Pennsylvania
16101.
50. Township supervisors signed for items obtained from the
Federal Surplus Property Program, on . behalf of Shenango
Township.
a. Only those individuals registered with the Department
of General Services Federal Surplus Operations,
Golba, 92- 044 -C2
Page 22
were permitted - to sign for property.
b. A Representative Certification for Ronald Golba was
submitted on April 18, 1988, by Board Chairman, Joseph
Shinsky.
c. The Certification states that Ronald Golba is an
"authorized agent of this institution to select, receive
and sign for surplus federal property
useable and necessary in the conduct of this
= institution's approved - program. This authorized
signature binds this institution to all terms and
conditions of the donee certification ".
51. The Distribution Document utilized by the PA Department of
General Services, Bureau of Supplies and Surplus Operations,
Surplus Property Division, includes the "Donee Certifications
and Agreements" on the reverse side. =The following
requirements for purchasing from the " program are contained
therein:
a. All items of properties shall be placed in use for the
purpose for - which acquired within one year of receipt
and shall be continued in use for such purposes for one
year from the date that the property was placed in use.
b. In the event the property is not so placed in use, or
contained in use, the donee shall immediately notify the
state agency and, at the donee's expense, return
such property to the state agency, or otherwise make the
property available for transfer or other disposal
by the state agency, provided the property is still
useable as determined by the state agency.
52. This Distribution Document is utilized to record the items
purchased from the Surplus Property Program.
a. The form contains the following information: FSC number;
serial number; description; acquisition cost by unit and
total; total received; and service charge by unit and
total.
b. The donee's name, address, and donee number are included.
53. Invoices from the Pennsylvania Department of General Services,
Bureau of Supplies and Surplus Operations, Surplus Property
Division, were submitted to Shenango Township for payment for
items received from the program.
a. The invoices were paid from the Township General Fund.
54. Shenango Township road employees were invited to accompany the
Item
Golba, 92-044-C2
Page 23
supervisprs to the Federal Surplus Property Program
Distribution site, 2850 Industrial Road, Hermitage, Mercer
County . - -
a,. Employees picked out clothing, tools, gloves, and other
small items to be used in conjunction with their jobs at
the township.
b. A supervisor signed for these items.
c. Township employees regularly reimbursed the Township for
the cost of these items.
d. The Hermitage site operated 1 and 1/2 days, twice a
month.
55. As a Representative for Shenango Township, Ronald Golba signed
for 23 receipts for items obtained from the Federal Surplus
Property Program, between January, 1988, . and April 21, 1992.
a. 1988:
Tail light (4)
Typewriter ribbon (12)
Coveralls (1)
Duffle bag (3)
Vent cover (3)
Vent cover (3)
Boots (1)
Stool (1)
Duffle bag (1)
Shirts -Satin (3)
Holster (1)
Total-1988:
Masonry (44.
Total 1990
Cabinet (1)
Truck lift : (1)
Camouflage trousers
Moped (2)
Lathe (1)
Hat (1)
Oil tank C1)
Hook shower curtain (1)
Saw (1)
( 3)
Cost
$ 6.00
12.00
5.00
9.00
15.00
10.50
5.00
5.00
3.00
1.50
1.75
$73.75
60.00
$60.00
56.25 42082
500.00 42545
7.50 43267
100.00. 44203
80.00 43699
1.00
40.00 43684
1.75
125.04
Receipt # Rata Total
37194 9/14/88 $ 32.00
37661 11/30/88 41.75
40125
unreadable
2/8/90
60.00
3/5/91 239.63
2/28/91 475.00
6/5/91 6.75
unreadable 100.00
8/7/91 81.00
7/24/91 35.49
7/22/91 178.13
Golba, 92- 044 -C2
Page 24
Floor sander (1)
Unreadable (1)
Unreadable (1)
Planer (1)
Forklift (1)
Tool box (1)
Rubber shift (6)
Hoist wire (1)
Sockets (1)
Screw driver (3)
Hammer (1)
Blanket (2)
Unreadable (1)
Unreadable (1)
Unreadable (3)
Unreadable (1)
White paint (1)
Table saw (1)
Insect net (1)
Paint Yellow (4)
Paint Black (1)
Safety Equipment (1)
Steam cleaner (1)
Sheets (434)
Forklift (1)
Jigsaw (1)
Pants (3)
Jacket (1)
Sleeping bag (1)
Paint (2)
Paint (8)
Heater (2)
Hoist wire (1)
Unreadable (2)
Gloves (1)
Drilling machine (1)
Shaper wood (1)
Band saw (1)
Telephone {3)
Impact. wrench (1)
Motor (1)
Oil filters (1)
Sockets (2)
Sockets , (1)
Tent section (3)
Tent cover (1)
Mattress (2)
Trousers (3)
Trousers camp (4)
Unreadable (3)
Coat (1)
150.00
3.00
.13
400.00 43702 8/21/91 936.25
400.00
1.75
4.50
18.75
4.00
2.25
3.00
2.50
11.25
37.50
2.50
1.00
20.00
3.00
2.50
14:00
3.50
93.75
175.00
50.00 43747 9/18/91 638.75
800.00 44153 9/19/91 1178.23
75.00
1.88
6.00
12.00
7.00
28.00
225.00
18.75
1.10
3.50
175.00 blank 10/16/91 175.00--
150.00 45067 11/6/91 502.39
150.00
21.00
25.00
30.00
7.50
1.00
.39
37.50
5.00'
20.00
3.75
3.00
3.00
6.00
Golba, 92- 044 -C2
Page 25
Compass (1) 9.00
Tire tubes (1) 5.25
Binoculars (1) 25.00
Total 1991: $4,546.
225.00 45436 1/8/92 225.00
S saw (1) 36.00 44395 1/22/92 36.00
Compu ter (3) desk top (1)
Cp ( 75.00 45389 unknown 131.25 Printer (1) 56.25 44584 2/5/92 558.45
Insulation (1) 30.00
Boots (2) 79.95
Wrench Impact (1) 1.50
Lock washers (2) 9.1.50
Nuts (1) 4.00
Washers (2) 30.00
Apple Disk drive (1) 400.00
Breathing apparatus (4) 5.00 44613 2/20/92 18.00
Desk 15.00
Reffrr igerator e 40.00 45659 3/18/92 125.00
R 75.00
7
Litter stokes 75.00
Stretcher 9.00 44570 3/19/92 1,026.90
Sleeping bag 30.00
Tableware 20.00
Boots 25.00
Unreadable 2255.00
Unreadable 150.00
Table saw 300.00
Saw 450.00
Lathe 12.00
Brushes 15.00
Storage cub. 80.00
Unreadable 10.00
Unreadable
Generator set 125.00 45860 4/1/92 125.00
Total 1992: $2,245.60
Several factors caused a difference between the total of the
cost of the items purchased and the actual total charged to
the township. These factors included percentage discounts
and /or interest charged on late payments.
56. Total value Shenan o items
Township authorized
f r m the Ronald
Federal o Surplus
purchase by g
Property Program was $6,925.97.
a. Items for the township and road crew were included on the
receipts signed by Golba.
Check #
1715
1795
2484
2863
3908
4133
4437
4596
4814
4998
Golba, 92- 044 -C2
Page 26
57. Official action was taken at the Township Supervisor's
Meetings to approve payments to the Pennsylvania Department of
General Services which included payment for items Ronald Golba
had signed for.
a. The payments were included in the bill list which were
approved in their entirety.
b. Golba participated in the actions to approve payments.
58. Shenango Township Secretary /Treasurer, kept a receipt book for
miscellaneous receipts of monies, including payments by
supervisors and road crew for surplus items. Between January,
1988, and May 1, 1992, Ronald Golba made two payments for
surplus items for his personal use:
a. 11/9/88 $25.00
b. 4/27/92 $1,297.43
Surplus Receipt #133
Surplus Receipt #496
c. The items are not described
d. Payment listed in subfinding (b) above, was made after
the township was suspended from participating in the
Federal Surplus Property Program, and was part of the
payments that Golba was making to reimburse the township
for all items he had purchased.
59. Shenango Township General
Pennsylvania Department of
items obtained by Ronald
Property Program. They are
Date Amount
11/6/88 32.00
1/16/89 229.25
3/12/90 $ 60.00
7/13/90 100.00
4/12/91
6/14/91 6.75
9/12/91 302.91
10/11/91 2859.48
12/12/91 267.53
1/24/92 931.14
Fund checks were issued to the
General Services as payment for
Gol,ba from the Federal Surplus
as follows:
Invoice
Reference
Number
37194
37661
40125
44203
42082
42545
43267
43699
43684
43702
43747
44153_
Unknown
45389
Authorized
Signatures
Duplicate unsigned
Duplicate unsigned
Copy unsigned
Duplicate unsigned
Budai, Golba
Budai, Piccuta, Sibeto
(Unknown)
Golba, Budai
Golba, Budai
5125
golbL, 92- 044 -C2
Page 27
3/13/92 1603.35
44395
45436
45067
44548 Budai, Schweinsberg,
a. Checks were usually written to cover several invoices.
The check totals listed above are inclusive of the amount
listed on the receipt Golba signed.
b. The secretary /treasurer signed all township checks.
60. Ronald Golba purchased ale for following his personal use. the The Federal
Surplus Property items
purchased and their cost are as follows:
Sander belt $100.00
Heater 100.00
Truck lift 475.00
Trousers 6.75
Lathe /hat 81.00
Oil tank /shower 36.02
Saw /floor sander 175.00
Planner /fork lift 936.25
Forklift /jig sd °' 1,178.23
Moped 100.00
Table saw /eta. -645.00
Drilling machine 175.00
Apple disk drive 30.00
Refrigerator 40.00
Shaper /saw /etc. 502.39
Saw 225.00
Shoes 36.00
Computer 131.25
Total: $4,972.89
61. Ronald Golba returned all items listed in Finding #60 to the
township.
62. Ronald Golba reimbursed the township for the items listed in
Finding #60, by way of cash payments or payroll deductions.
a. Total payments $4,972.89.
b. This includes the $1,297.43 payment listed in Finding #58
subfinding (b).
63. Mark Cratty, owner of Cratty Roofing Company, reimbursed
Shenango Township for a fork lift purchased from the Federal
Surplus Property Program.
Golba, 92- 044 -C2
Page 28 _
a. Cratty had been looking to buy a used fork lift.
b. Ronald Golba approached him and told him that one was
available at a very low cost.
c. Cratty accompanied Golba to the Federal surplus Property
Program sale.
d. Ronald Golba signed for the purchase of the fork lift for
Cratty.
e. Cratty reimbursed Shenango Township in the amount of
$823.88.
64. After a Compliance Review was conducted by the Bureau of
Supplies and Surplus Operations, Cratty returned the fork
lift, at Golba's request.
a. The township did not return Cratty's money.
b. It is not known whether Golba reimbursed Cratty,
was out the item and the money.
65. A similar situation occurred with Jones Excavating.
of the item(s) purchased by Jones totaled $419.00.
a. The description of the items is not known.
b. Jones reimbursed the township in the amount of $419.00.
66. On April 14, 1992, a Compliance Review, of the Federal Surplus
Property acquired by the township was conducted by the
Pennsylvania Department of General Services. The township was
found to be in violation of the following federal regulations:
a. The township had disposed of federal property prior to
the end of the restrictive use periods without proper
authority.
b. The township was not able to account for federal property
it had acquired.
c. A township official, Ronald Golba, who was authorized to
procure federal surplus, on the township's behalf, had a
large quantity of federal property at his home, which he
acknowledged he had purchased from the township.
67. The audit was conducted by the Pennsylvania Department of
General Services, Bureau of Supplies and Surplus Operations,
as the Agent for the General Services Administration which
administers the Federal Surplus Property Program. The Bureau
since he
The cost
Golba 92- 044 -C2
Page 29 -
of Supplies and Surplus Operations, is responsible for
allocating federal surplus items and enforcing compliance with
federal regulations within the State of Pennsylvania.
68. On April 21, 1992, the Director of the Bureau of Supplies &
Surplus Operations, Department of General Services, advised
the Shenango Township Board of Supervisors by letter, that the
township was immediately suspended from participation in the
Federal Surplus Property Program.
69. The results of the Compliance Review conducted by the Bureau
of Supplies and Surplus Operations were as follows:
a. The township did sell federal property to township
employee, Ronald Golba.
b. The township could not account for the federal property,
having an acquisition value of $432.1.9.
c. All federal property sold to Ronald' Golba had been
returned to the township.
d. The township had not placed certain federal property into
service.
70. The recommendations of the Director of the Bureau of Supplies
and Surplus Operations were as follows:
a. Ronald Golba be banned from conducting business with the
Federal Surplus Property Program on behalf of the
township.
b. The township should return all items which they did not
intend to past into service immediately.
c. The township should be assessed a fair market value for
the items which could not be located during the
inventory, payable to the U. S. Treasury.
d. The township should be reinstated as an eligible donee
organization and allowed to participate in the program
only when the above conditions are complied with.
e. The township should adopt a policy prohibiting the sale
of federal surplus property.
71. Other township officials and employees have engaged in similar
conduct involving the Federal Surplus Property Program though
not to the extent of Golba.
Golba,, 92- 044 -C2
Page 30
III. DISCUSSION:
As a Supervisor for Shenango Township, Warren County, Ronald
Golba, hereinafter Golba, is a public official as that .term is
defined under 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
violations committed
date of this act,
initiated for such
act shall not apply to
prior to the effective
and causes of action
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
effective date of Act 9 (June 26, 1989), we must apply
provisions of Act 9 to determine whether the Ethics Act
violated.
the
the
was
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 issues before us are whether Golba violated Section 3(a)
of Act 9 of 1989 regarding the allegations that he received
compensation for duties not permitted by law and second that he
purchased certain items from a government surplus program for his
-own personal use.
Golba has served as a Shenango Township Supervisor since 1988
and As appointed roadmaster between 1988 and 1992.
The Auditors of Shenango Township at their yearly
reorganizational meetings set the compensation for the supervisors
as township employees wherein the Auditors fixed the hourly rate,
overtime, vacation, holidays as well as various insurance benefits.
(Fact Finding 4.)
As to the usage of bi- weekly time sheets by employees in the
township, the reporting requirements. varied in terms of the
information that had to be listed by the township employees. Until
April 1992, the time sheets had to contain the dates and hours
worked as well as a general description of the work performed and
Golba, 92- 044 -C2
Page 31
payroll information. After that date, start and stop times had to
be recorded but not a description of work performed.
The duties which Golba performed between January 1988 and 1992
are detailed in Fact Finding 9. From April 1992 forward, the
duties are not listed by Golba, only the weeks and hours
worked. (Fact Finding 10.)
When Shenango Township participated in a food distribution
program sponsored by Lawrence County, the bi- weekly time sheets of
Golba reflect that he picked up and distributed food while being
paid as a roadmaster. (Fact Finding 16). The dates and times and
compensation paid for such food distribution work by Golba are set
forth in Fact Findings 17 -19.
The township road crew and roadmasters also performed
maintenance and emergency repairs on sewer lines which are operated
by the Shenango Township Sewer Authority within the township.
(Fact Finding 20). The dates and hours as to which Golba worked on
sewer related matters as well as the compensation he received are
set forth in Fact Findings 26 and 27. Golba also performed work on
a pump house for which he was compensated. (Fact Findings 29 -31).
Since the pump house was not constructed according to the
specifications of the Department of Environmental Resources and the
water company, Supervisors Budai and Schweinsburg took action and
directed Golba to reconstruct the pump house according to
specifications which Golba did for no compensation. (Fact Finding
34). In addition, Golba claimed hours worked on the township park.
(Fact Findings 35 and 36).
Controversy arose as to Supervisors Budai and Golba working on
such projects whereupon former Shenango Township Supervisor Andrew
Piccuta refused to sign the time sheets for three months_in 1591
because he believed that Budai and Golba were not working for the
township. (Fact Finding 37). Township crew members asserted that
Golba assisted them as to certain township projects but not as to
others. (Fact Findings 38 and 39).
Separate and apart from above, Shenango Township participated
in a program administered through the Pennsylvania Department of
General Services (DGS) as to the sale of property from the Federal
Surplus Property Program with sales being restricted to
governmental bodies. (Fact Findings 45, 48).
Since Shenango Township participated in the program and since
Golba was authorized to sign for acquisition of surplus property on
behalf of the township, he along with certain township employees
went to the distribution site to obtain certain property. The
township employees selected certain clothing, tools and gloves for
use in conjunction with their township jobs for which they
reimbursed the township for the cost. (Fact Finding 54).
Golba, 92- 044 -C2
Page 32
Although Golba did purchase certain property from the program
for the township and road crew (Fact Findings 55 and 56) , Golba did
buy surplus items for his personal use. (Fact Finding 58). Golba
made a payment of $25.00 on November 9, 1988 and a second payment
of $1247.43 on April 27, 1992 toward such surplus property. The
second payment was made by Golba after the township was suspended
from participation in the Federal Surplus Property Program. In
total, Golba received $4972.89 in property from the program. (Fact
Finding 60). Golba not only returned the property to the township
but he also made cash payment to the township equal to the total
value of the property. (Fact Findings 61 and 62).
After DGS conducted an a dit. relative to the Federal Surplus
Property Program, Shenango Township was suspended from
participation in the program. It was determined that the township
would not be reinstated as an eligible donee organization until
certain conditions were met. As to Golba, he was banned from
conducting business with the Federal Surplus Property Program on
behalf of the township. Other Shenango Township officials/
employees engaged in similar conduct as to that program.
In applying the provisions of Section 3(a) of Act 9 of 1989 to
the first allegation, we find no violation of the Ethics Law
regarding the receipt of compensation by Golba. Both the Ethics
Law, the Second Class Township Code and decisional law are clear
that a supervisor as an elected official is limited to receiving
only the compensation allowed in the Code based upon the population
density of the Township. 53 P.S. S65515; Coltar v. Warminster
Township, 8 Pa. Commw. 163, 302 A.2d 859 (1973). A supervisor as
an elected official cannot receive any additional compensation'for
administrative or related duties performed as elected supervisor.
Cowden, Order 892; Henderson, Order 818; Wilmot, Order 788. A
supervisor may receive compensation as a working township employee
if appointed to one of the enumerated working positions and if the
compensation is authorized by the township board of auditors.
In this case the Shenango Board of Supervisors appointed Golba
to the working position of roadmaster and the auditors at their
annual reorganization meeting set the compensation for such
position. The only question that we must resolve at this point is
whether,Golba received compensation for performing administrative
duties as an elected supervisor or as a working township employee.
In reviewing the findings, we note that of the varied duties
performed by Golba, some are clearly road work, others are road
related, while others are questionable or arguable as to whether
they are road related or administrative. However, on the record
before us we cannot discern or pinpoint any particular activities
or duties which are classifiable as definitively administrative.
Since we cannot conclude that any compensation received was for
administrative services which would be unauthorized, we find that
Golba did not receive a private pecuniary benefit in this case.
Golba, 92- 044 -C2
Page 33
Accordingly, we find that Golba did not violate Section 3(a) of Act
9 of 1989 regarding the receipt of compensation. See Bu dai, Order
899, Schweinsberg, Order 900.
In applying the provisions of Section 3(a) of Act 9 of 1989 to
the allegation concerning Golba's purchase as a township supervisor
of items from the government surplus property program for his own
personal use, we find a violation based upon our review of the
findings. Many of the items purchased by Golba -were for personal
use. However, the program was operated under parameters where the
purchase of property for personal use was prohibited. It is clear
that Golba through his position used the authority of office to
purchase items which resulted in a pecuniary benefit to him in that
the property at the specified prices could not be purchased by the
public. Further, the pecuniary benefit was private in that
purchases for personal use were not authorized. Such action
constituted a violation of the Ethics Law. See, Robertson, Order
767.
Although we find a violation in this case as to the second
allegation before us, we do not believe that restitution, a penalty
or any further action is warranted since Golba not only returned
the property to the township but he also made payment as to the
value of the property. We, however, must remind Golba that he is
a public official and that public office is a public trust.
Accordingly, Golba should exercise caution in the future so that
his actions as a public official conform to both the letter and
spirit of the Ethics Law.
IV. CONCLUSIONS OF LAW:
1. Ronald Golba as a Supervisor for Shenango Township is a public
official subject to the provisions of Act 9 of 1989.
2. Golba did not violate Section 3(a) of Act 9 of 1989 regarding
the receipt of compensation for duties which he performed as
township roadmaster.
3. Golba violated Section 3(a) of Act 9 of 1989 regarding his
purchase of property for personal use from a government
surplus property program in that such use of authority of
office resulted in a private pecuniary benefit to Golba.
In Res Ronald Golba
$ File Docket: 92- 044 -C2
Date Decided: 02/17/94
Date Mailed: 02/24/94
ORDER NO. 918
1. Ronald Golba, as a Supervisor for Shenango Township, did not
violate Section 3(a) of Act 9 of 1989 regarding the receipt of
compensation for duties which he performed as township
roadmaster.
2. Golba violated Section 3(a) of Act 9 of 1989 regarding his
purchase of property for personal use from a government
surplus property program in that such use of authority of
office resulted in a private pecuniary benefit to Golba.
BY THE COMMISSION,
JAMES M. HOWLEY, R