HomeMy WebLinkAbout925 StrateIn Re:
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Lynda L. Strate
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 93- 006 -C2
Date Decided: 04/29/94
Date Mailed: 05/04/94
Before: Daneen E. Reese, Vice Chair
Roy W. Wilt
Austin M. Lee
Allan M. Kluger
Joseph W. Marshall, III
gative Division of the State Ethics Commission
aint regarding a possible violation of the State
of 1989, 65 P.S. §401 et seq. Written notice, of
egation(s) was served at the commencement of the
A Findings Report was issued and served, upon
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. §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).
Strate, 93- 006 -C2
Page 2
I. ALLEGATION:
That Lynda L. Strate, a Supervisor for Frazer Township,
Allegheny County, violated the following provisions of the State
Ethics Act (Act 9 of 1989), when she seconded the motion and cast
the deciding vote regarding action which retained her husband as
the sole township road worker, and when she voted on motions to
approve pay increases and benefits for her husband.
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).
II. FINDINGS:
1. Lynda Strate serves as a Supervisor for Frazer Township.
a. She has served in this position since January, 1992.
b. Strate was appointed chairperson in 1992 and 1993.
2. Frazer Township maintains 10 1/2 miles of road, and employed
a two man road crew between 1984, and January 6, 1992.
a. During this time period, the road
were held by Cary Strate and James
department positions
Meadows.
1. James Meadows was defeated in
campaign for supervisor.
3. Cary Strate is the husband of Supervisor Lynda Strate.
4. Cary Strate has been employed full-time on the Frazer Township
road crew since December, 1983.
his 1991 re- election
5. Cary Strate was employed by the township part -time for 1 1/2
years prior to being hired full -time.
6. Cary Strate was employed by the township for approximately ten
years prior to Lynda Strate being elected supervisor.
7. On January 6, 1992, the road crew was reduced from two
employees to one.
8. Minutes from the January 6, 1992, Frazer Township Supervisor's
meeting reflect an Emergency Resolution to lay -off one of the
two road employees due to financial instability and to avoid
a large tax increase.
Strate, 93- 006 -C2
Page 3
9. The Emergency Resolution 92 -3 passed at
Supervisor's meeting was as follows:
A motion by Misera, seconded by Strate,
Emergency Resolution.
WHEREAS Frazer Township faces financial uncertainties and the
lack of adequate funds, WHEREAS the township should prevent
the unnecessary expenditure of public funds, WHEREAS the
amount of road maintenance needed on a regular basis requires
only one person, and WHEREAS winter weather on occasion
requires several people working for a short time, THEREFORE,
be it resolved that Frazer Township reduces the number of
permanent employees in road maintenance to one and the
permanent employee with the least number of years of
employment by the municipality shall be laid off. The
remaining road worker will be authorized to obtain up to six
persons willing and able to work on a temporary basis to
assist with weather emergencies for $6.50 per hour.
The motion passed 2/1, with Beacom opposed.
Present: Strate, Misera, Beacom.
the January 6, 1992,
stated the following
10. Strate cast the deciding vote in favor of the Emergency
Resolution, which resulted in the retention of Cary Strate,
her husband, and the layoff of the second road employee.
a. The vote was 2 -1, with Supervisor Beacom voting no.
b. Strate did disclose that her husband was an employee but
did not disclose any conflict of interest or financial
interest which she had in voting in favor of the
resolution.
c. Strate asserts that she had no knowledge as to who would
be retained and who would be furloughed.
11. Strate signed the Resolution as Chairperson.
12. As a result of the passing of the Emergency Resolution, road
employee James Meadows was laid off.
a. Meadows was identified as having the least number of
years service.
13. Residents who questioned the resolutions presented at the
January 6, 1992, regular meeting, were told by Misera that he
had come up with his resolution himself with the help of
Attorney Robison.
Strate, 93- 006 -C2
Page 4
a. The Emergency Resolution which called for the layoff of
one roadworker was presented by Misera after the meeting
was turned over to him as roadmaster.
14. After the vote on the Emergency Resolution, residents, in
attendance at the meeting, questioned a potential conflict in
Strate's voting on the matter of the layoff.
15. Solicitor Robison stated, in response to the resident's
questions that:
a. Strate would not be able to vote on an individual matter
such as a pay raise;
b. but the layoff was a general policy to save taxpayers
money and was based strictly on seniority.
16. Prior to being sworn in as Supervisors, Strate and Misera met
with Attorney Robison to discuss the budget including
potential layoffs.
a. Supervisor James Beacom did not participate
discussions.
b. Various aspects of township business were also
at these meetings.
in these
discussed
c. Neither Strate, Robinson nor Misera were officials of the
township at this time.
d. The possibility of layoff of one of the employees was
discussed.
e. A specific employee was not discussed.
17. The Emergency Resolution was prepared by Attorney Jonathan
Robison prior to the January 6, 1992, regular meeting.
a. He was not solicitor at the time he prepared the
resolution.
b. Robison was appointed Solicitor of Frazer Township at the
January 6, 1992, Reorganization meeting.
c. Strate and Misera voted in favor of Robison's
appointment.
d. Misera discussed the resolution with Robison prior to the
meeting.
18. Robison believed that Lynda Strate would have known which
Strate, 93- 006 -C2
Page 5
roadworker would be laid off, based on seniority.
a. Robison believed that seniority was a fair basis on which
to decide the layoff.
19. Since both roadworkers were hired full -time on the same date,
seniority was decided by combining the full -time and part -time
employment of Cary Strate as well as pension records.
(Reference Finding #5).
a. Prior to this date, part -time employment had not been an
issue in determining seniority.
20. In discussions prior to and at the January 6, 1992, regular
meeting, Robison had advised Strate and Misera that the
Emergency Resolution was proper and that there was not a
conflict of interest in Lynda Strate voting because it
involved a group of people.
a. Robison based his advice on the definition of a Conflict
of Interest, Section 402, referencing votes affecting a
class or a subclass of people.
b. Robison did not provide this Opinion in writing.
21. Supervisor Stephen Misera met James Meadows when he reported
to work at the township building at 6:00 a.m., on January 7,
1992, and advised that he had been laid off and that it was
effective immediately.
a. The seniority issue was resolved immediately after the
meeting on the Emergency Resolution on January 6, 1992.
22. By way of letter, dated January 7, 1992, the Frazer Board of
Supervisors notified James Meadows of the Emergency Resolution
passed on January 6, 1992, and advised that he was the
employee with the least number of years of service.
a. Meadows was advised not to report to work until further
notice.
b. A copy of the Emergency Resolution was attached.
c. The letter was not signed.
Findings 23 through 48 refer to the second allegation. Findings 1
through 22 are incorporated herein.
23. At the January 6, 1992, Reorganization meeting, the wages and
paid leave for the township employees were established.
Strate, 93- 006 -C2
Page 6
24. The 1992 Reorganization minutes reflect the following motion
to establish the wages for the township roadworkers:
"A motion by Beacom, seconded by Misera, to keep roadworker's
wages the same as the 1991 rate ($9.73 /hr), was passed with
Strate abstaining."
a. The minutes do not reflect Strate's disclosure of a
conflict of interest as her reason for abstaining.
b. Supervisors Misera and Beacom voted in favor of the
motion.
25. At the same meeting, three separate motions were made
regarding the paid leave for the township employees, which
affected the roadworkers and the secretary. The motions were
made as follows:
"A motion by Beacom, seconded by Misera, to keep paid vacation
days the same as 1991, was passed unanimously. (One week for
less than five years and three weeks for more than five
years)."
"A motion. by Beacom, seconded by Misera, to keep paid holidays
the same as 1991, was passed unanimously. (New Years Day,
Memorial Day, 4th of July Day, Labor Day, Veterans Day,
Thanksgiving, Christmas and 2 election days)."
"A motion by Beacom, seconded by Misera, to keep time off for
death in the immediate family the same as in 1991, (3 days),
was passed unanimously."
Present: Strate; Misera; Beacom.
26. Strate voted to set paid leave for the township employees.
This was a confirmation of benefits set in previous
years.
27. At the January 4, 1993, Reorganization meeting of the Frazer
Township Board of Supervisors, Strate voted to increase the
wage of the township roadworker, Cary Strate.
a. Only two Supervisors were present at the meeting, Strate
and Misera. Beacom was absent.
b. The wage was increased 4 %, from $9.73 /hour to $10.12 per
hour.
a .
28. The minutes of the January 4, 1993 meeting, reflect that
Strate disclosed that even though she had a conflict, she was
unable to abstain because of the number of members present.
Strate, 93- 006 -C2
Page 7
29. Solicitor Robison believed that it was not a conflict for
Strate to vote on the increase in wages for the roadworker
because of the number of board members present.
a. Robison believed that Strate had disclosed that the
roadworker was her husband, even though the minutes do
not reflect that.
30. At the January 4, 1993, Reorganization meeting, Strate voted
to approve benefits for the township employees which consisted
of one roadworker and the secretary.
31. The benefits which affected both township employees included
paid holidays; paid vacation days; and paid time for a death
in the immediate family.
32. The minutes of the January 4, 1993, Reorganization meeting
also reflect a motion setting the roadworker's hours and
approving benefits of hospitalization, pension and life
insurance.
a. Strate seconded the motion.
b. These benefits are the same as set in previous years.
33. Strate cast the deciding vote to approve hospitalization,
pension and life insurance for her husband.
34. Strate cast the deciding vote to approve leave time for her
husband and the township secretary.
35. Payroll checks are included in the bill list which are
approved by the supervisors at the monthly meetings.
a. Bills from the previous month are approved at the next
month's meeting.
b. Bill list are voted on in their entirety.
36. Strate cast the deciding vote on the payment of the bills at
twelve of the twenty -three meetings during this time period.
Those meetings dates are as follows:
February 4, 1992
June 2, 1992
September 1, 1992
November 10, 1992
January 4, 1993
February 2, 1993
March 2, 1993
April 6, 1993
Strate, 93- 006 -C2
Page 8
May 4, 1993
June 1, 1993
August 3, 1993
October 5, 1993
a. Supervisor James Beacom was not present at nine of the
twenty -three meetings, and abstained on the vote to
approve the bills at three meetings.
37. Minutes of the Frazer Township Supervisor's meetings reflect
that Lynda Strate approved payment of the bills which included
the wages of. Cary Strate. The motions to approve the bills
which included Cary Strate's wages, are as follows:
a. February 4, 1992:
A motion by Misera, seconded by Strate, to pay all other
January bills was passed.
Discussion on the bills resulted in a motion by Misera,
seconded by Strate, to table the bill from Weisel, Xides,
and Foerster. This motion was passed.
Present: Strate and Misera.
b. March 3, 1992:
A motion by Beacom, seconded by Strate, to approve
payment of the February bills was passed unanimously.
Present: Strate, Misera, Beacom.
c. April 7, 1992:
A motion by Beacom, seconded by Misera to approve payment
of March bills was passed unanimously.
Present: Strate, Misera, Beacom.
d. May 5, 1992:
A motion by Beacom, seconded by Misera to approve the
April bills was passed unanimously.
Present: Strate, Misera, Beacom.
e. June 2, 1992:
A motion by Misera, seconded by Strate to approve May
bills for payment was passed unanimously.
Strate, 93- 006 -C2
Page 9
Present: Strate, Misera.
Absent: Beacom
f. July 7, 1992:
A motion by Beacom, seconded by Misera, to approve June
bills for payment passed unanimously.
Present: Strate, Misera, Beacom.
g. August 4, 1992:
A motion by Misera, seconded by Beacom to approve July
bills for payment passed unanimously.
Present: Strate, Misera, Beacom.
h. September 1, 1992:
A motion by Misera, seconded by Strate to approve the
August bills for payment was passed unanimously.
Present: Strate, Misera.
Absent: Beacom.
i. October 6, 1992:
A motion by Misera, seconded by Beacom to approve the
September bills for payment was passed unanimously.
Present: Strate, Misera, Beacom.
November 10, 1992:
A motion by Misera, seconded by Strate to approve the
October bills for payment was passed unanimously.
Present:
Absent:
k. December
A motion
November
Present:
Strate, Misera.
Beacom.
8, 1992:
by Beacom, seconded by Misera to approve the
bills for payment was passed unanimously.
Strate, Misera, Beacom.
1. January 4, 1993:
A motion by Misera, seconded by Strate to approve the
December bills for payment was passed unanimously.
Strate, 93-- 006 -C2
Page 10
q.
Present: Strate, Misera.
Absent: Beacom.
m. February 2, 1993:
A motion by Misera, seconded by Strate to approve the
January bills for payment was passed. Beacom abstained.
Present: Strate, Misera, Beacom
n. March 2, 1993:
A motion by Misera, seconded by Strate to approve the
February bills for payment was passed unanimously.
Present: Strate, Misera.
Absent: Beacom.
o. April 6, 1993:
A motion by Misera, seconded by Strate to approve the
March bills for payment was passed. Beacom abstained.
Present: Strate, Misera, Beacom.
p May 4, 1993:
A motion by Misera, seconded by Strate to approve April
bilis for payment was passed.
Present: Strate, Misera.
Absent: Beacom.
June 1, 1993:
A motion by Misera, seconded by Strate to approve the May
bills for payment was passed. Beacom abstained; did not
have time to review.
Present: Strate, Misera, Beacom.
r. July 21, 1993:
A motion by Beacom, seconded by Strate to approve the
June bills for payment was passed.
s. August 3, 1993:
A motion by Misera, seconded by Strate to approve the
July bills for payment was passed.
Present: Strate, Misera.
Strate, 93- 006 -C2
Page 11
Absent: Beacom.
t. September 7, 1993:
A motion by Misera, seconded by Beacom to approve the
August bills for payment was passed unanimously.
Present: Strate, Misera, Beacom.
u. October 5, 1993:
A motion by Misera, seconded by Strate to approve the
September bills for payment was passed.
Present:
Absent:
Strate, Misera
Beacom.
v. November 9, 1993:
A motion by Misera, seconded by Beacom to approve the
October bills for payment was passed unanimously.
Present: Strate, Misera, Beacom.
w. December 14, 1993:
A motion by Beacom, seconded by Misera to approve
November bills for payment was passed unanimously.
Present: Strate, Misera, Beacom.
38. Lynda Strate regularly approved payroll checks issued to her
husband, Cary Strate between January, 1992, and December,
1993, by signing the front of the checks.
a. Each check is signed by two supervisors and the
secretary /treasurer.
39. Strate regularly pre- signed checks for payment of the utility
bills and for payment of salaries.
a. This would include payments made to Cary Strate.
40. Records of Frazer Township include checks issued to Cary
Strate as payment for work performed as a township roadworker
for the period January, 1992, through December, 1993, and
Lynda Strate 's official action regarding the approval of the
checks are as follows:
Date Check # Am ount Official Action
Strate, 93- 006 -C2
Page 12
1/5/92 107 $ 700.02 Second /deciding
1/31/92 1201 1060.81 Second /deciding
2/14/92 1232 785.02 Seconded
2/28/92 1258 628.30 Seconded
3/13/92 1266 680.68 Vote
3/31/92 1291 882.01 Vote
4/15/92 1297 681.53 Vote
4/30/92 103 675.07 Vote
5/15/92 104 665.20 Second /deciding
5/29/92 105 608.55 Second /deciding
6/15/92 109 665.20 Vote
6/30/92 110 665.20 Vote
7/15/92 114 665.20 Vote
7/31/92 115 721.86 Vote
8/14/92 120 608.55 Second /deciding
8/31/92 122 665.20 Second /deciding
9/15/92 125 618.42 Vote
9/30/92 126 721.86 Vote
10/15/92 129 694.84 Second /deciding
10/30/92 130 707.71 Second /deciding
11/16/92 136 670.81 Vote
11/30/92 138 743.78 Vote
12/15/92 139 1149.98 Second /deciding
12/31/92 142 721.86 Second /deciding
Total 1992: 19,048.14
1/15/93 1558 713.09 Seconded
1/29/93 1595 677.36 Seconded
2/15/93 1604 826.28 Second /deciding
2/26/93 1605 864.26 Second /deciding
3/15/93 1647 1259.63 Seconded
3/31/93 1656 741.82 Seconded
4/15/93 1692 692.25 Second /deciding
4/30/93 1707 692.25 Second /deciding
5/13/93 1715 632.68 Seconded
5/28/93 1723 692.25 Seconded
6/15/93 1748 692.25 Seconded
6/30/93 1751 692.25 Seconded
7/15/93 1783 692.25 Second /deciding
7/30/93 1785 692.25 Second /deciding
8/16/93 1811 632.68 Vote
8/31/93 1815 ,751.82 Vote
9/15/93 1831 713.00 Second /deciding
9/30/93 1832 692.25 Second /deciding
10/15/93 1880 692.25 Vote
10/29/93 1888 632.68 Vote
11/15/93 1905 713.09 Vote
11/30/93 1930 692.25 Vote
12/15/93 1949 730.22 N/A
12/30/93 1957 1292.88* N/A
Strate, 93- 006 -C2
Page 13
Total 1993: 18104.08
*Check was not available. Information obtained from time
sheets.
41. Lynda Strate approved all checks listed
exception of check numbers 136, 1783, 1785,
and 1949. Check 1957 was not available for
44. Cary Strate's income in 1992, as a
the sole township roadworker, was
a. This figure was derived from
file with Frazer Township.
45. Cary Strate's income in 1993, was $23,427.80.
a. This figure was derived from the municipal
weekly or semi - monthly payroll reports.
above with the
1831, 1832, 1905
review.
42. Lynda Strate endorsed the back of the following payroll checks
issued to Cary Strate by Frazer Township:
Check #1266; $680.68; 3/13/92; Cary D. Strate and Lynda L.
Strate for deposit only.
Check #1715; $632.68; 5/13/93; Cary D. Strate and Lynda L.
Strate for deposit only.
Check #1783; $692.25; 7/15/93; Lynda Strate (only).
43. A review of the township weekly, bi- weekly, or semi - monthly
payroll reports show Lynda Strate's signature on two of the
time sheets during the period 1/1/92 through 9/15/93.
a. The time sheets reflect Cary Strate's hours as a township
roadworker.
b. All of the time sheets during this time period were
signed by Stephen Misera as roadmaster
c. The remaining time sheets were signed by James Beacom.
result of being retained as
$22,559.75.
W -2 Wage & Tax Statements on
weekly, bi-
46. Cary Strate's financial gain, as a result of the increase he
received at the January, 1993, Reorganization meeting was
$902.06.
a. The wage differential was .39 cents /hour; and .58
cents /hour for overtime.
b. In 1993, Strate worked 2,076.5 regular hours (x .39
$809.84), and 159 overtime hours (x .58 = 92.22).
Strate, 93- 006 -C2
Page 14
47. At the January, 1993, Reorganization meeting, Lynda Strate
voted to approve benefits for the township employees which
included her husband, Cary Strate (see Finding #33).
a. The hospitalization and medical benefits also covered the
employees' families.
b. As a result, Lynda Strate was covered by the benefits
that she approved for her husband.
48. Cary Strate was the only employee participating in the
township hospitalization, life insurance, and pension plans in
1992.
49. Frazer Township initiated the Blue Cross /Blue Shield
Hospitalization and Major Medical Insurance plan in October,
1990 (Group #05590951).
a. Cary Strate was enrolled on the township insurance plan
at that time.
50. In 1993, Frazer Township paid a premium of $5,334.16, for Cary
Strate's coverage on the Blue Cross /Blue Shield Plan.
January through July - $431.58 (x 7 mos. = $3,021.06).
August through December - $462.62 (x 5 mos. = $2,313.10).
51. Frazer Township provided Cary Strate with a $5,0000.00 life
insurance policy through Protected Life Insurance Company, 30
E. State Street, Sharon, Pennsylvania.
a. The policy, #8460 was initiated on October 1, 1990.
b. The monthly premium is $6.99; the annual premium is
$83.90.
c. Lynda Strate is listed as the beneficiary.
52. Frazer Township receives funding for the pension plan through
participation in the Foreign Fire Insurance Tax Distribution
and General Municipal Pension System State Aid program,
administered by the Department of the Auditor General Bureau
of Municipal Pension Audits.
a. The amount of funding is based on the gross wages of the
employees enrolled in the pension plan.
b. The township paid the difference between the state
reimbursement and the total contributions.
Strate, 93- 006 -C2
Page 15
53. The township pension plan was handled by Protected Life
Insurance Company.
54. In October, 1993, Frazer Township funded the 1993 pension
contribution for Cary Strate in the amount of $3,533.60.
a. Township check #1871, was issued to Protected Life on
October 8, 1993, in the amount of $2,309.90, which
represented the amount of state aid.
b. Township check #1872, was
October 8, 1993, in the
represented the township's
issued to Protected Life on
amount of $1,223.70, which
responsibility.
55. Lynda Strate voted to approve payment of the bills in October
and November, 1993.
56. Lynda Strate signed both checks #1871 and #1872, payable to
Protected Life, approving the payment.
a. The checks were also signed by Supervisor Stephen Misera
and Secretary Beveraly Smith.
III. DISCUSSION:
As a Supervisor for Frazer Township, Allegheny County, Lynda
L. Strate, hereinafter Strate, is a public official as that term is
defined under Act 9 of 1989. 65 P.S. S402. As such, her conduct
is subject to the provisions of the Ethics Law and the restrictions
therein are applicable to her.
Initially, it is noted that Section 9 of Act 9 of June 26,
1989 provides, in part, as follows:
This amendatory act shall not apply to
violations committed prior to the effective
date of this act, and causes of action
initiated for such violations shall be
governed by the prior law, which is continued
in effect for that purpose as if this act were
not in force. For the purposes of this
section, a violation was committed prior to
the effective date of this act if any elements
of the violation occurred prior thereto.
Since the occurrences in this case transpired after the
effective date of Act 9 (June 26, 1989), we must apply the
provisions of Act 9 to determine whether the Ethics Act was
violated.
Under Section 3(a) of Act 9 of 1989 quoted in the allegations,
trate, 93- 006 -C2
Page 16
a public official. /employee shall
constitutes a conflict of interest.
The term "conflict of interest"
as follows:
Section 2. Definitions
not engage in conduct that
is defined under Act 9 of 1989
"Conflict" or "conflict of interest."
Use by a public official or public employee of
the authority of his office or employment or
any confidential information received through
his holding public office or employment for
the private pecuniary benefit of himself, a
member of his immediate family or a business
with which he or a member of his immediate
family is associated. "Conflict" or "conflict
of interest" does not include an action having
a de minimis economic impact or which affects
to the same degree a class consisting of the
general public or a subclass consisting of an
industry, occupation or other group which
includes the public official or public
employee, a member or his immediate family or
a business with which he or a member of his
immediate family is associated. 65 Y.S. S402.
The issue before us is whether Strate as a Frazer Township
Supervisor in Allegheny County violated Section 3(a) of Act 9 of
1989 regarding the allegation that she seconded the motion and cast
the deciding vote which retained her husband as the sole township
roadworker and when she voted on various motions to approve a pay
increase and benefits for her husband.
Strate has served as Frazer Township Supervisor since January,
1992. Cary Strate, her husband, has been employed as a full time
township road employee since December 1983 and was employed for one
and a half years prior to that time as a part time employee.
In January 6, 1992 the Frazer Township Board passed an
emergency resolution to furlough one of the two road employees due
to budgetary constraints. The emergency resolution reflected that
the township employee with the lesser ,seniority would be
furloughed. Strate seconded and voted in favor of the emergency
resolution which passed on a two to one vote with Strate voting
with the majority. Although Strate acknowledged that her husband
was a township employee, she did not disclose that she had any
conflict or a financial interest as to voting in favor of the
resolution. James Meadows, the township employee with the lesser
seniority was in fact furloughed and Cary Strate was retained.
Strate, 93- 006 -C2
Page 17
When township residents inquired as to a conflict on Strate's
voting on the emergency resolution, the solicitor responded that
the emergency resolution was a general policy based upon seniority
designed to save the township money. It appears that the solicitor
advised Strate that she would not have a conflict as to voting on
the emergency resolution since it involved a group of people.
Turning to the matter of wages and benefits, Strate abstained
at the January 6, 1992 meeting regarding the setting of the
roadworker's wages. However, Strate did vote in favor of other
motions regarding paid vacation, holidays and time off for death in
the immediate family which motions passed unanimously.
At the January 4, 1993 reorganizational meeting, Strate voted
in favor of an increase in the wages of the township roadworker
Cary Strate. Strate thought that she had to vote even though she
had a conflict because there were only two supervisors present. In
this regard, the solicitor indicated that he did not believe she
had a conflict because only two of the three board members were
present. At that reorganizational meeting Strate also voted to
approve benefits for the township roadworker and secretary. In
addition, Strate seconded the motion to give the roadworker
hospitalization, pension and life insurance which were the same
benefits as set in previous years.
At approximately half of the board meetings, Strate voted in
favor of the payment of bills which included payroll checks. It
should be noted that at many of such meetings the third supervisor
was not present or was present but abstained on the vote to approve
bills. The specific delineation of the voting activity by Strate
as to each of these meetings regarding the payment of the bills is
set forth in Fact Finding 37.
The record reflects that Lynda Strate regularly approved
payroll checks issued to her husband Cary Strate with each check
being signed by two supervisors and the secretary /treasurer. Fact
Finding 40 contains a listing of the date, number, amount and the
official action of Strate as to each of these checks which were
issued to her husband Cary Strate in payment for township work.
The record reflects that in some instances Lynda Strate endorsed
the back of some of her husband's payroll checks. Further, a
review of the township's payroll reports reflect Strate's signature
on occasion of her husband's time sheets.
Through the approval of the hospitalization medical benefits
for Cary Strate, such benefits accrued to Strate in that the
benefits extended to the employee's family. However, the blue
cross /blue shield hospitalization major medical insurance and life
insurance were initiated in October, 1990 prior to Strate's
election to the Board of Supervisors. Thus, the activity of Strate
caused the continuation of such benefits.
Strate, 93- 006 -C2
Page 18
Lastly, we note that Lynda Strate voted to approve the payment
of bills in October and November of 1993 as to the township share
for a pension plan for the benefit of her husband Cary Strate.
Strate also was a co- signer of the checks made payable to the
fiduciary of the pension plan.
In applying the provisions of Section 3(a) of Act 9 of 1989 to
the above matter, we find a technical violation both as to use of
authority of Strate as to the emergency resolution and also as to
her actions regarding her husband's salaries and benefits. The use
of authority of office consisted of her participation, making
motions, seconding motions, voting, signing checks, approving bills
which include payments to her husband for his township work,
signing her husband's time sheets and other such types of actions.
Juliante, Order 809. Such uses of authority of office did result
in private pecuniary benefits consisting of the retention of
Strate's husband as a township employee. A private pecuniary
benefit did occur through that action in that the retention of her
husband as a township employee caused a continuation of Cary Strate
as a township employee, rather than being furloughed; such action
resulted in a private pecuniary benefit, even though there was no
increase in salary. There were other private pecuniary benefits
consisting of the subsequent increase in salary as well as the
continuation of benefits such as leave, hospitalization and
insurance. These private pecuniary benefits inured to a member of
Strate's immediate family. In this regard, immediate family is
defined under the Ethics Law as follows:
65 P.S. S402.
Section
. Definitions
"Immediate family." A parent, spouse,
child, brother or sister.
We also note that the private pecuniary benefit inured directly to
Strate in that the medical plan for Cary Strate extended to his
family.
In reviewing the findings, we must also note that in many
instances Strate was relying upon the advice of the township
solicitor. Further, Strate did on occasion acknowledge that Cary
Strate was her husband or that she had a conflict but voted because
the third supervisor was not present. Lastly, these benefits were
in existence for township employees prior to Strate becoming a
supervisor in Frazer Township.
Accordingly, based upon the totality of the facts and
circumstances, we find a technical violation and will close the
case with no further action.
Strate, 93- 006 -C2
Page 19
IV. CONCLUSIONS OF LAW:
1. Lynda L. Strate as a Frazer Township Supervisor is a public
official subject to the provision of Act 9 of 1989.
2. A technical violation of Section 3(a) of Act 9 of 1989
occurred as to the actions of Strate which resulted in the
retention of her husband as the sole township roadworker and
as to pay increases and benefits for her husband.
In Re: Lynda L. Strate : File Docket: 93- 006 -C2
Date Decided: 04/29/94
Date Mailed: 05/04/94
ORDER NO. 925
1. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Lynda L. Strate as a Frazer Township Supervisor
participated in various actions which retained her husband as
the sole township roadworker and increased his salary and
continued his benefits.
BY THE COMMISSION,
4 W , AJ & 1
DANEEN E. REESE, VICE CHAIR