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HomeMy WebLinkAbout938 KlynowskySTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: Denise Klynowsky File Docket: 93- 020 -C2 Date Decided: 09/12/94 Date Mailed: 09/14/94 Before: 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. 5408(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. 5409(e). Klynowsky, Denise, 93- 020 -C2 Page 2 I. ALLEGATION: That Denise Klynowsky, an Auditor for Lausanne Township, Carbon County, violated the following provisions of the State Ethics Act (Act 9 of 1989) when she voted to provide compensation for her - father, Robert Klynowsky, a Lausanne Township Supervisor who holds the position of 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. §402. II. FINDINGS: 1. Denise Klynowsky has served as Lausanne Township, Carbon County Auditor since May of 1989. 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. a. Klynowsky's duties also include setting the amount of compensation paid to the township supervisors who hold the positions of roadmaster, superintendent, laborer and secretary /treasurer and to set the amount of compensation Klvnowsky, Denise, 93- 020 -C2 Page 3 for the use of their personal vehicle when used on certain township business. 4. 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. 5. 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. 6. Lausanne Township has a population of approximately 210 people with an annual budget of $23,000 to $25,000. 7. Denise Klynowsky is the daughter of Agnes Klynowsky and Robert Klynowsky. 8. Robert Klynowsky has served as Lausanne Township Supervisor since 1976. a. Robert Klynowsky has held the position of Lausanne Township Secretary /Treasurer since 1976. 9. Agnes Klynowsky has served as Lausanne Township Auditor since 1970 and has served as the Board of Auditors secretary 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 in April and October Rate for use of private vehicle when conducting official roads $6.10 /hour $6.10 /hour $6.10 /hour 3% of Expenses 3% of Income $6.10 Klvnowskv, Denise, 93- 020 -C2 Page 4 business $.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. 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 $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. 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 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. 19. At the January 2, 1992, Hoard of Supervisors reorganizational meeting, Supervisor John Halechko was appointed chairman, Supervisor Edward Klynowsky was appointed roadmaster and Supervisor Robert Klynowsky was appointed secretary /treasurer. Klynowsky, Denise, 93- 020 -C2 Page 5 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 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 Klynowsky, Denise, 93- 020 -C2 Page 6 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 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 $.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 compensation which was not authorized by the Board o f Supervisors or the Board of Auditors. • $7.00 /hour $7.00 /hour $7.00 /hour 3% of Expenses 3% of Income $7.00 /hour 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 records. b. In 1992, the auditors audited the 1991 records. c. In 1993, the auditors audited the 1992 records. 29. The Board of Auditors never surcharged Supervisor Robert Klynowskv, Denise, 93- 020 -C2 Page 7 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. III. DISCUSSION: As an Auditor for Lausanne Township, Carbon County, Denise 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 -- 138 -9-,- the_ conflict provision, when she voted to provide compensation for her father Robert Klynowsky, a Lausanne Township Supervisor who holds the position of Secretary /Treasurer. Factually, Klynowsky has served a Lausanne Township Auditor since 1989. 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 Klvnowsky, Denise, 93- 020 -C2 Page 8 Agnes Klynowsky, hereinafter Klynowskys, served as Auditors in Lausanne Township for the years in issue, 1990-1993. and the Robert Klynowsky, who is the spouse of Agnes Klynowsky and the father of Denise Klynowsky, has served as a Lausanne Township Supervisor since 1576 wherein he has also held the position of the Township Secretary /Treasurer. 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 father 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 term idiateffamilytisodefinedd under Law n ky. The as s follows: Section 2. Definitions "Immediate family." A parent, spouse, child, brother or sister. 65 P.S. §402. Since Robert Klynowsky is the father 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. Denise 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: Denise Klynowsky File Docket: 93- 020 -C2 Date Decided: 09/12/94 Date Mailed: 09/14/94 ORDER NO. 938 1. A technical violation of Section 3(a) of Act 9 of 1989 occurred when Denise 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,