HomeMy WebLinkAbout937 KlynowskyBefore:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Agnes Klynowsky File Docket: 93- 019 -C2
Date Decided: 09/12/94
Date Mailed: 09/14/94
James M. Howley, Chair
Daneen E. Reese, Vice Chair
Dennis C. Harrington
Austin M. Lee
Allan M. Kluger
The Investigative Division of 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 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
521.29(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 pefiod
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).
Klynowsky, Agnes, 93- 019 -C2
Page 2
I . ALLEGATION:
That Agnes Klynowsky, an Auditor for Lausanne Township, Carbon
County, violated the following provisions of the State Ethics Act
(Act 9 of 1989) when acting as a township auditor she participated
in setting wages for her husband, a Township Supervisor serving as
a township secretary /treasurer.
Section 3. Restricted Activities
(a) No public official or public
employee shall engage in conduct that
constitutes a conflict of interest. 65 P.S.
5403(a).
Section 2. Definitions
"Conflict" or "conflict of interest."
Use by a public official or public employee of
the authority of his office or employment or
any confidential information received through
his holding public office or employment for
the private pecuniary benefit of himself, a
member of his immediate family or a business
with which he or a member of his immediate
family is associated. "Conflict" or "conflict
of interest" does not include an action having
a de minimis economic impact or which affects
to the same degree a class consisting of the
general public or a subclass consisting of an
industry, occupation or other group which
includes the public official or public
employee, a member of his immediate family or
a business with which he or a member of his
immediate family is associated. 65 P.S. 5402.
II. FINDINGS:
1. Agnes Klynowsky (Klynowsky) has served as Lausanne Township,
Carbon County Auditor since 1970 and has served as secretary
to the Board o' Auditors since 1976.
2. The Lausanne Township Board of Auditors is a three person
board.
3. Klynowsky's duties as Lausanne Township Auditor include
auditing the records of the township secretary /treasurer.
4. Klynowsky's duties also include setting the amount of
compensation paid to the township supervisors who hold the
positions of roadmaster, superintendent, laborer and
Klynowskv, Agnes, 93- 019 -C2
Page 3
secretary /treasurer and to set the amount of compensation for
the use of their personal vehicle when used on certain
township business.
5. The township auditors are also vested with the authority to
surcharge township officials, including supervisors for any
act causing a financial loss to the township.
6. The Second Class Township Code sets the compensation for
auditors, in townships having a population of less than
10,000, at $600 or less, for any calendar year.
7. Lausanne Township has a population of approximately 210 people
with an annual budget of $23,000 to $25,000.
8. Agnes Klynowsky has been married to Robert Klynowsky since
1961 and resides with him in Lausanne Township.
9. Robert Klynowsky has served as Lausanne Township Supervisor
since 1976.
10. Robert Klynowsky has held the position of Lausanne township
secretary /treasurer since 1976.
11. Denise Klynowsky, the daughter of Agnes and Robert Klynowsky,
has served as Lausanne Township Auditor since May of 1989.
12. At the January 2, 1990, Board of Supervisors reorganizational
meeting, Supervisor John Halechko was appointed chairman,
Supervisor Edward Klynowsky was appointed roadmaster and
Supervisor Robert Klynowsky was appointed secretary /treasurer.
13. At the January 3, 1990, Lausanne Township Auditors
reorganizational meeting Auditors Agnes Klynowsky, Denise
Klynowsky and Sandra Swartz set the following compensation:
Superintendent
Roadmaster
Laborers
Township Secretary
Township Treasurer
Rate for inspection of roads
in April and October -
Rate for use of private vehicle
when conducting official
business
$6.10 /hour
$6.10 /hour
$6.10 /hour
3% of Expenses
3% of Income
$6.10
$.22 per mile
14. The Supervisors' reorganizational meeting held January 2, 1990
does not reflect the appointment of Supervisors to the
position of superintendent or laborer.
K1 nowsky, Agnes, 93- 019 -C2
Page 4
15. At the January 2, 1991, Board of Supervisors reorganizational
meeting, Supervisor John Halechko was appointed chairman,
Supervisor Edward Klynowsky was appointed roadmaster and
Supervisor Robert Klynowsky was appointed secretary /treasurer.
16. At the January 2, 1991, Lausanne Township Auditors
reorganizational meeting, auditors Agnes Klynowsky, Denise
Klynowsky and Sandra Swartz set the following compensation:
Superintendent
Roadmaster
Laborers
Township Secretary
Township Treasurer
Rate for inspection of roads
in April and October -
Rate for use of private vehicle
when conducting official
business
$7.00 /hour
$7.00 /hour
$7.00 /hour
3% of Expenses
3% of Income
$ 7.0 0 /h our
$.22 per mile or current
state rate.
17. The Supervisors' reorganizational meeting held January 2, 1991
does not reflect the appointment of Supervisors to the
position of superintendent or laborer.
18. At the January 1, 1992, Lausanne Township Auditors
reorganizational meeting, Auditors Agnes Klynowsky, Denise
Klynowsky and Sandra Swartz set the following compensation:
Superintendent $7.00 /hour
Roadmaster $7.00 /hour
Laborers $7.00 /hour
Township Secretary 3% of Expenses
Township Treasurer - 3% of Income
Rate for inspection of roads
in April and October $7.00 /hour
Rate for use of private vehicle
when conducting official
business $.22 per mile or current
state rate.
19. At tire January 2, 1992, Board of Supervisors reorganiz
meeting, Supervisor John Halechko was appointed chairman,
Supervisor Edward Klynowsky was appointed roadmaster and
Supervisor Robert Klynowsky was appointed secretary /treasurer.
20. The Supervisors' reorganizational meeting held January 2, 1992
does not reflect the appointment of Supervisors to the
position of superintendent or laborer.
21. Supervisors John Halechko, Edward Klynowsky and Robert
Klynowsky were present at the January 2„ 1992, regular
Klynowskv, Aanes, 93- 019 -C2
Page 5
monthly meeting and voted to approve the following
resolutions:
a. - Resolution 92A - Setting the compensation rate for the
Lausanne Township Supervisors for 1992 at $650.00 each.
This included regular and special meetings.
b. Resolution 92B - Whereby the Lausanne Board of
Supervisors elected Sandra Swartz, Denise Klynowsky and
Charlene Klynowsky to do necessary typing for the
township. Their rate of compensation will be at the rate
set for other township workers at $7.00 per hour.
c. Resolution 92C - Establishing the rent of garage,
including space, heat and electricity to hold all
township meetings for 1992 at $200.00. This included all
areas used for record storage in garage, home and the
storage area used for the township's coping machine.
d. Resolution 92D - Setting the rate of compensation for
supervisors attending meetings other than regular and /or
special meetings of the township at $7.00 per hour. The
resolution also provided that if it is necessary to lose
work time to attend any meeting, they will be paid at
their regular wage rate.
22. The vote on the above resolutions was unanimous.
23. On June 27, 1992, the Board of Supervisors adopted the
following Ordinance:
Section 1 - Compensation for Attending Regular and Special
Meetings - The annual compensation to members of the Lausanne
Township Board of Supervisors shall be six hundred and fifty
($650.00) payable at the monthly rate of fifty -four dollars
and seventeen cents ($54.17). This amount shall be
compensation to the supervisors for attending regular and
special meetings.
Section 2 - Additional Compensation - The rate of compensation
for supervisors attending meetings other than regular or
special meetings shall be at the rate of $7.00 per hour
provided„ however, that if such attendance requires a
Supervisor to lose work time, he shall be compensated for
attending the meeting at his regular wage rate. Anything to
the contrary notwithstanding contained in this section, the
total amount of annual compensation paid to a Supervisor,
including compensation for attending regular and special
meetings, shall not exceed $1,500.00.
Section 4 - Effective Date - This Ordinance shall become
Klvnowsky, Agnes, 93- 019 -C2
Page 6
effective upon enactment.
The above Ordinance duly adopted at a special meeting of the
Board of Supervisors of the Township of Lausanne on the 27th
day of June, 1992.
24. At the January 2, 1993, Board of Supervisors reorganizational
meeting, Supervisor John Halechko was appointed chairman,
Supervisor Edward Klynowsky was appointed roadmaster and
Supervisor Robert Klynowsky was appointed secretary /treasurer.
25. At the January 15, 1993, Lausanne Township Auditors
reorganizational meeting, auditors Agnes Klynowsky, Denise
Klynowsky and Sandra Swartz set the following compensation:
Superintendent
Roadmaster -
Laborers
Township Secretary
Township Treasurer
Rate for inspection of roads
in April and October -
Rate for use of private vehicle
when conducting official
business
$7.00 /hour
$7.00 /hour
$7.00 /hour
3% of Expenses
3% of Income
$7.00 /hour
$.22 per mile or current
state rate.
26. The Supervisors° reorganizational meeting held January 2, 1993
does not reflect the appointment of Supervisors to the
position of superintendent or laborer.
27. In 1990, 1991, and 1992, Robert Klynowsky received
compensation which was not authorized by the Board of
Supervisors or the Board of Auditors.
28. In 1990, the Board of Auditors audited the records of the
township secretary /treasurer for 1989.
a. In 1991, the auditors audited the 1990
b. In 1992, the auditors audited the 1991
c. In 1993, the auditors audited the 1992
records.
records.
records.
29. The Board of Auditors never surcharged Supervisor Robert
Klynowsky for any unauthorized expenditures.
30. The actions by Klynowsky were done without criminal intent.
31. The actions by Klynowsky were done without intent to violate
the Ethics Law.
Klynowsky, Agnes, 93- 019 -C2
Page 7
III. DISCUSSION:
As an Auditor for Lausanne Township, Carbon County, Agnes
Klynowsky, hereinafter Klynowsky, is a public official as that term
is defined under Act 9 of 1989. 65 P.S. §402. 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,
a public official /employee shall not engage in conduct that
constitutes a conflict of interest.
The term "conflict of interest" is defined as stated above.
The issue before us is whether Klynowsky as a Lausanne
Township Auditor violated Section 3(a) of Act 9 of 1989, the
conflict provision, when she voted to provide compensation for her
spouse Robert Klynowsky, a Lausanne Township Supervisor who holds
the position of Secretary /Treasurer.
• Factually, Klynowsky has served a Lausanne Township Auditor
since 1976. The Lausanne Township Board of Auditors is a three
person board with powers and duties to set the compensation for
employee- supervisors, to surcharge township officials and to audit
the records of the Township Secretary /Treasurer. Both Denise and
Agnes Klynowsky, hereinafter Klynowskys, served as Auditors in
Lausanne Township for the years in issue, 1990 -1993. Robert
Klynowsky, who is the spouse of Agnes Klynowsky and the father of
Denise Klynowsky, has served as a Lausanne Township Supervisor
since 1976 wherein he has also held the position of the Township
Secretary /Treasurer.
Rlvnowskv, Agnes, 93- 019 -C2
Page 8
At the January reorganizational meeting of the Lausanne
Township Auditors for the years 1990 through 1993, the Klynowskys
set the compensation for the supervisors which included the hourly
wages for Robert Klynowsky as Township Secretary /Treasurer.
In applying the provisions of Section 3(a) of Act 9 of 1989 to
the instant matter, we find a technical violation by Klynowsky
regarding her action as a Township Auditor in setting the
compensation for her spouse as Secretary /Treasurer. It is clear
that such action by Klynowsky in setting the wages was a use of
authority of office. See Juliante, Order 809. Such action
resulted a private pecuniary benefit consisting of the wages that
Robert Klynowsky received as Secretary /Treasurer. That private
pecuniary benefit went to the immediate family of Klynowsky. The
term immediate family is defined under the Ethics Law as follows:
Section 2. Definitions
"Immediate family." A parent, spouse,
child, brother or sister.
65 P.S. §402.
Since Robert Klynowsky is the spouse of Klynowsky, it is clear that
he is a member of the immediate family of Klynowsky. Therefore, a
technical violation of Section 3(a) of Act 9 of 1989 occurred when
Klynowsky used the authority of office as a Lausanne Township
Auditor to set the wages of Robert Klynowsky, a member of her
immediate family, as the Township Secretary /Treasurer. Since we
note that the actions of Klynowsky were not done with any criminal
intent and were done without any intent to violate the Ethics Law,
we will take no further action in this case.
IV. CONCLUSIONS OF LAW:
1. Agnes Klynowsky is a public official subject to the provisions
of Act 9 of 1989.
2. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Klynowsky as a Lausanne Township Auditor used
the authority of office to obtain a private pecuniary benefit
for Robert Klynowsky, a member of her immediate family, when
she set the wages of Robert Klynowsky as a Township
Secretary /Treasurer.
In Re: Agnes Klynowsky File Docket: 93- 019 -C2
Date Decided: 09/12/94
Date Mailed: 09/14/94
ORDER NO. 937
1. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Agnes Klynowsky as a Lausanne Township Auditor
used the authority of office to obtain a private pecuniary
benefit for Robert Klynowsky, a member of her immediate
family, when she set the wages of Robert Klynowsky as a
Township Secretary /Treasurer.
2. Based upon the totality and facts and circumstances of this
case, we will take no further action.
BY THE COMMISSION,
JAMES M. HO IR