HomeMy WebLinkAbout939 KlynowskySTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Robert Klynowsky File Docket: 93- 018 -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. Rluger
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 gag. 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 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).
Klynowskv, Robert, 93- 018 -C2
Page 2
I. ALLEGATION:
That Robert Klynowsky, a Supervisor for Lausanne Township,
Carbon County, violated the following provisions of the State
Ethics Act (Act 9 of 1989) when he received compensation in excess
of that provided for by law.
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. 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. Robert Klynowsky has served as Supervisor of. Lausanne
Township, Carbon County, from 1976 to the present.
Klynowsky has held the position of township
treasurer since 1976.
3. Lausanne Township is a Second Class Township with a
of approximately 210 people.
4. The annual budget for Lausanne Township ranges from
$25,000.
secretary/
population
$23,000 to
5. In 1985, the compensation authorized and received by
Supervisors in Lausanne Township was $20.00 per meeting.
Klynowskv, Robert, 93- 018 -C2
Page 3
6. The amount of compensation authorized and received by
Supervisors in the calendar years 1987 and 1988 was $20.00 per
meeting.
7. 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.
8. The minutes of the re- organizational meeting for January 2,
1990 do not name the appointment of any Supervisors to the
position of superintendent or laborer, however, it is the
custom and practice of Lausanne Township to employ Supervisors
as laborers when and as needed.
9. 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
Superintendent -
Roadmaster -
Laborers -
Township Treasurer -
Rate for inspection of roads
Township Secretary
$6.10 /hour
$6.10 /hour
$6.10 /hour
3% of Expenses
3% of Income
$6.10
$.22 per mile
10. 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.
11. The minutes of the re- organizational meeting for January 2,
1991 do not name the appointment of any Supervisors to the
position of superintendent or laborer, however, it is the
custom and practice of Lausanne Township to employ Supervisors
as laborers when and as needed.
12. At the January 2, 1991, Lausanne Township Auditors
reorganizational meeting, auditors Agnes Klynowsky, Denise
Klynowsky and Sandra Swartz set the following compensation:
$7.00 /hour
$7.00 /hour
$7.00 /hour
3% of Expenses
3% of Income
Klvnowsky, Robert, 93- 018 -C2
Page 4
in April and October - $7.00 /hour
Rate for use of private vehicle
when conducting official
business - $.22 per mile or current
state rate.
13. At the January 2, 1992, 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.
14. The minutes of the re- organizational meeting for January 2,
1992 do not name the appointment of any Supervisors to the
position of superintendent or laborer, however, it is the
custom and practice of Lausanne Township to employ Supervisors
as laborers when and as needed.
15. 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.
16. 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
Klvaowskv, Robert, 93- 018 -C2
Page 5
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.
17. The vote on the above resolutions was unanimous.
18. The resolutions were discussed again at the February 8, 1992,
supervisors meeting.
a. Regarding Resolution 92A - It was announced the
compensation rate for supervisors will be set by
Ordinance A - Solicitor R. Nanovic pointed out Section
515.
b. Regarding Resolution 92D .- It was announced that the
solicitor will give a ruling on the compensation rate of
supervisors who take off regular work to attend necessary
township meetings.
19. 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
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
Klynowskv, Robert, 93- 018 -C2
Page 6
day of June, 1992.
20. At the January 2, 1993, Lausanne Township Supervisors
reorganizational meeting, Supervisor John Halechko was
appointed chairman, Supervisor Edward Rlynowsky was appointed
roadmaster and Supervisor Robert Klynowsky was appointed
secretary /treasurer.
21. The minutes of the re organizational meeting for January 2,
1993 do not name the appointment of any Supervisors to the
position of superintendent or laborer, however, it is the
custom and practice of Lausanne Township to employ Supervisors
as laborers when and as needed.
22. At the January 15, 1993, Lausanne Township Auditors
reorganizational meting, 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
23. The Township
Respondent:
Date Check #
01/02/90 2729
02/10/90
02/10/90
03/10/90
03/10/90
04/07/90
2743 $
2753 $
2761 $
2767 $
2774 $
records indicate
Amount
$ 60.00
36.60
24.40
142.10
109.04
125.20
$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.
the following payments made to
Description of Work
4 hrs. bids, tax time R.
Nanovic, 8 hrs. time twp truck,
bid work hourly rate $5.00
6 hrs. meeting with Plan Com on
road project hourly rate $6.10
4 hrs. time on road project
hourly rate $
5 hrs. emergency management
meeting 10 hrs. Harrisburg Fed -
State Surplus hourly rate $6.10
mileage $50.60
10 hrs. management planning
Danville hourly rate $6.10
mileage $18.04 fee $30.00
12 hrs. Management Training
Allentown hourly rate $6.10
mileage $22.00 fee $30.00
Klvnowskv, Robert, 93- 018 -C2
Page 7
05/12/90
05/12/90
06/09/90
06/09/90
06/09/90
06/09/90
07/14/90
08/11/90
09/08/90 2848
09/08/90 2852
10/13/90 2867
10/13/90 2869
10/13/90 2872
11/10/90 2879
11/10/90 2885
12/08/90
12/08/90
12/08/90
2793 $ 152.50 25 hrs. maintenance roads and
bridges hourly rate $6.10
2794 $ 143.20 Seminar on community programs
Allentown 8 hrs. at $13.00 fee
$15.00 mileage $24.20
2811 $ 61.00 10 hrs. time on road hourly
rate $6.10
2812 $ 200.00 8 meetings at $25.00 each (No
compensation was paid for the
spring inspection due to an
inadvertent payment of $25.00
per meeting rather than $20.00
per meeting) .
2813 $ 476.28 Secretary - 3% of income
2814 $ 1,641.80 Treasurer - 3% of expenses plus
3% of expense on road /bridge
grant
2827 $ 262.42 36 hrs. - time on road project
inspection 5 hrs. - meeting
Carbon County Supervisors
Assoc. hourly rate $6.10
mileage $12.32
2843 $ 59.80 5 hrs. - mtg twp supervisors
Bowmanstown 3 hrs. - road
mileage $11.00 hourly rate
$6.10
250.00 Use of Klynowsky's garage for
25 mtg
42.82 5 hrs. - Carbon Co. Supervisors
Assoc Bowmanstown hourly rate
$6.10 mileage $12.32
48.80 8 hrs.
2893
2902
2903
42.82
$ 91.68
$ 94.20
$ 48.20
$ 180.00
$ 414.03
$ 1,660.78
October road
inspection hourly rate $6.10
5 hrs. - Carbon Co Supervisors
Assoc Bowmanstown hourly rate
$6.10 mileage $12.32
8 hrs. - meeting Allentown Twp
hearing for zoning fee /$20.00
mileage $22.88 hourly rate
$6.10
14 hrs. - Laganosky hearing
prep mileage $8.80 hourly rate
$6.10
- convention of township
officers mileage $13.20 meeting
rate $35.00
9 meetings at $20.00
Secretary - 3% of income
Treasurer - 3% of expenses plus
3% of expense on road /bridge
grant
Rlynowsky, Robert, 93- 018 -C2
Page 8
12/28/90
01/02/91 2917
02/09/91
02/09/91
03/09/91
03/09/91 2956
04/13/91
05/11/91
06/01/91 2992
06/01/91
06/01/91
06/01/91
07/13/91
09/14/91
2909 $ 117.20
$ 128.00
2927 $ 124.80
12 hrs. Harrisburg Fed
Surplus sale mileage $44.00
hourly rate $6.10
12 hrs. - Harrisburg parts and
generator mileage $44.00 hourly
rate $7.00
5 hrs. - meeting w/Co. Planning
Com. mileage $9.90 hourly rate
$7.00 5 hrs. - meeting planning
consultants on road project
hourly rate $7.00 5 hrs. -
meeting w /Co. Planning Com.
mileage $9.90 hourly rate $7.00
2930 $ 182.40 8 hrs. - meeting township
secretaries Carlisle - fee
$30.00 mileage $44.00 - hourly
rate $13.00
2939 $ 298.00 8 hrs. - storm water management
workshop - Harrisburg fee
$150.00 mileage $44.00 hourly
rate $13.00
$ 152.40 8 hrs. - meeting Harrisburg
Buck Mountain Creek
redesignation hourly rate -
2971 $13.00 mileage $48.40
$ 160.40 8 hrs. - meeting municipal
administration Allentown -
hourly rate $13.00 fee $30.00
mileage $26.40
2983 4 hrs. - toast for township SEO
Dave Kavitski - hourly rate
$7.00 fee - $40.00
$ 184.72 8 hrs. - workshop mtg. Mt.
Laurel Resort - hourly rate
2995 $13.00 fee $75.00 mileage $5.72
$ 140.00 7 meetings at $20.00
2996 $ 355.78 Secretary - 3% of income
2999 $ 3 96.49 Treasurer - 3% of expenses
3011 $ 239.76 8 hrs. - Carbon Co Sup Assoc
Bowmanstown hourly rate $13.00
mileage $11.88 5 hrs - Carbon
Co Sup Assoc Bowmanstown hourly
rate $7.00 mileage $11.88
2 hrs. - solicitor
2 hrs. - Plan Com on road
grant
2 hrs - road estimate
2 hrs - road estimate
2 hrs - road estimate, hourly
rate $7.00
5 hrs. - meeting solicitor tax
3039
$ 68.00
$ 91.78
KlvnowSkv, Robert,, 93- 018 -C2
Page 9
10/12/91
10/12/91
11/09/91
11/09/91
12/14/91
12/14/91
12/27/91
02/08/92
03/14/92 3117 $ 49.24
03/14/92 3119 $ 532.64
bureau hourly rate $7.00
mileage $9.90 5 hrs. - Carbon
Co Sup Assoc Bowmanstown hourly
rate $7.00 mileage $11.88
3048 $ 83.20 5 hrs. - meeting on road
planning Jim Thorpe hourly rate
$7.00 mileage $13.20
2 hrs - Church problems
3 hrs. - meeting w /solicitor
tax office Earned Income hourly
rate $7.00
3053 $ 200.00 Rent for use of Klynowsky's
garage
3058 $ 50.40 - Carbon Co Sup Assoc convent
and dinner Bowmanstown meeting
rate $35.00 mileage $15.40
3062 $ 351.82 13 meetings at $20.00 postage
$19.07 use of telephone $72.75
3076 $ 191.84 7 hrs. - meetings with SEO
4 hrs. - meeting with bridge
eng.
1 hr. - meeting on Church
problem
6 hrs - meetings with solicitor
4 hrs - meeting with BCW
mileage $11.00 hourly rate
$7.00 fee $26.84 for postage
and refund to start grant act
3077 $ 312.23 Secretary - 3% of income
3088 $ 122.80 1 hrs. - meeting with M.
Prebola and L. Gera hourly rate
$7.00
2 hrs. - meeting with V. Rodite
2 hrs. - meeting with Steve
Simchak road and bridge grants
2 hrs. - meeting with Penn East
engineer
2 hrs. - meeting with Mast
Engineer
1 hr. - meeting with Palumbo
hourly rate $7.00 •
3101 $ 103.03 8 hrs. - meeting with Steve
Simchak and Fred Osifat, hourly
rate $7.00 postage - $5.37,
$8.87, $9.95 phone - $2.84
testimonial ticket B. Koch -
$20.00
4 hrs.
Simchak
postage
Treasurer
- meeting with Steve
hourly rate $7.00
- $21.24
- 3% of expenditures,
Rlvnowskv. Robert, 93- 018 -C2
Page 10
04/11/92 3127
06/27/92
06/27/92
06/27/92
09/12/92
09/12/92
11/06/92
11/06/92
11/06/92
12/12/92
12/12/92
12/12/92
12/12/92
- 02/13/93
03/13/93
04/10/93
04/10/93
04/10/93
06/12/93
06/12/93
3150
3151
3154
3175
3177 $ 200.00
3195 $ 48.64
3198 $ 56.00
3199 $ 41.80
3210 $ 35.00
3213 $ 325.00
3215 $ 292.17
3216 $ 214.98
3240 $ 98.00
3246
3267
3268
3269
3295
3297
July - December 1991 postage -
$18.38, phone $24.00
$ 61.80 8 hours - meetings with
solicitor hourly rate - $7.00
stamps - $5.80
$ 325.00 Meetings - January to June
$ 472.84 Secretary - 3% of income
$ 390.61 Treasurer - 3% of expenses
$ 91.23 8 hrs. - Carbon Co Sup Assoc
Bowmanstown hourly rate $7.00
mileage $17.60 postage $17.60
postage $17.63
Rent - 12 months for use of
Klynowsky's garage
- meeting rate $35.00 - Carbon
Co. Sup Assoc convention -
mileage $13.64
8 hrs. - hourly rate $7.00 -
maintenance Rt 502
Mileage for trip to Harrisburg
for environmental hearing
5 hrs. - Rt 502 signs hourly
rate $7.00
Meetings
Treasurer - 3% of expenses
postage - $14.84
Secretary - 3% of income
3 hrs. meeting with R. Nanovic
4 hrs. meeting with C. Schlick
2 hrs. meeting with T. Wagner
1 hr. meeting road maps
2 hrs. meeting with T. Simchak
1 hr. meeting with Cam Affairs
1 hr. meeting with Joe
Kneidinger
14 hrs. at $7.00
2 hrs. meeting with R. Nanovic
2 hrs. meeting on grant
application
3 hrs. meeting with Wagner
Assoc.
3 hrs. meeting with Kneidinger
DCA
$ 212.00 16 hrs. road maintenance at
$7.00 $100 rent of power saw
and truck
7 hrs. on snow removal at $7.00
10 hrs. meetings at $7.00 $6.16
mileage
$ 325.00 Meetings
$ 339.41 Treasurer 3% of expenses
$ 70.00
$ 49.00
$ 76.16
Klynowsky. Robert, 93- 018 -C2
Page 11
06/12/93 3298 $ 402.28 Secretary 3% of income
08/12/93 3311 $ 84.00 8 hrs. meeting with Auditor
General on audit of township
records hourly rate $7.00
24. The checks to Respondent for those amounts indicated in
Finding No. 23 were each signed by two Supervisors, one of
whom -- with the exception noted -- was the Respondent acting
in his capacity as Secretary /Treasurer for the township.
Check No. 3240 was not prepared by the Respondent and check
Nos. 3295, 3297 and 3298 were neither approved nor signed by
the Respondent.
25. Robert Klynowsky was never appointed as a roadmaster, laborer
or superintendent, however, the custom and practice of
Lausanne Township has been to employ Supervisors as laborers
as in when needed and to compensate Supervisors for this work
as laborers.
26. The following amounts paid to Robert Klynowsky were not part
of his authorized compensation:
DATE CHECK # AMOUNT
1/2/90 2729 $ 60.00
2/10/90 2743 36.60
3/10/90 2761 91.50
3/10/90 2767 61.00
4/7/90 2774 73.20
5/12/90 2794 104.00
7/14/90 2827 30.50
8/11/90 2843 30.50
9/8/90 2852 30.50
10/13/90 2869 30.50
10/13/90 2872 48.80
11/10/90 2879 85.40
12/8/90 2901 73.20
$ 755.70
1/2/91 2917 $ 84.00
2/9/91 2927 105.00
2/9/91 2930 30.00
3/9/91 2939 104.00
3/9/91 2956 104.00
4/13/91 2971 30.00
5/11/91 2983 28.00
6/1/91 2992 75.00
7/13/91 3011 174.00
9/14/91 3039 70.00
10/12/91 3048 70.00
12/14/91 3076 154.00
Rlvnowskv, Robert, 93- 018 -C2
Page 12
12/27/91 3088
2/8 - /92 3101
3/14/92 3117
4/11/92 3127
8/12/93 3311
27. The annual total of unauthorized
Robert Klynowsky was as follows:
Year
1990
1991
1992
1993
Total
28. The total unauthorized compensation received by Robert
Klynowsky equaled $2023.45.
29. The actions by Klynowsky were done without criminal intent.
30. The actions by Klynowsky were done without intent to violate
the Ethics Law.
31. Klynowsky is not financially able to make immediate
restitution in full but is able to make restitution in four
equal semi- annual payments, the first payment to be made
within sixty (60) days from the issuance of an Order by the
Commission.
III. DISCUSSION:
Amount
$ 755.70
$1099.75
$ 140.00
$ 28.00
$2023.45
71.75
$1099.75
$ 56.00
28.00
56.00
$ 140.00
$ 28.00
As a Supervisor for Lausanne Township, Carbon County, Robert
Klynowsky, hereinafter Klynowsky, is a public official as that term
is defined under Act 9 of 1989. 65 P.S. §402. As such, his
conduct is subject to the provisions of the Ethics- Law and the
restrictions therein are applicable to him.
Initially, it is noted that Section 9 of Act 9 of June 26,
1989 provides, in part, as follows:
This amendatory
violations committed
date of this act,
initiated for such
governed by the prior
compensation received by
act shall not apply to
prior to the effective
and causes of action
violations shall be
law, which is continued
Klvnowskv, Robert, 93- 018 -C2
Page 13
in effect for that purpose as if this act were
not in force. For the purposes of this
section, a violation was committed prior to
the effective date of this act if any elements
of the violation occurred prior thereto.
Since the occurrences in this case transpired after the
effective date of Act 9 (June 26, 1989), we must apply the
provisions of Act 9 to determine whether the Ethics Act was
violated.
Under Section 3(a) of Act 9 of 1989 quoted above, a public
official /employee shall not engage in conduct that constitutes a
conflict of interest.
The issue before us is whether Klynowsky violated Section 3 (a)
of Act 9 of 1989 by receiving compensation in excess of that which
was provided for in law.
Klynowsky has served as a supervisor and secretary /treasurer
in Lausanne Township from 1976 to the present.
Although the authorized compensation for these supervisors as
public officials was $20.00 per meeting, the township board of
supervisors on January 2, 1992 unanimously passed a resolution
setting their own compensation at $650.00 per year for regular and
special meetings and at $7.00 per hour for attending meetings other
than regular or special meetings. Thereafter, on June 27, 1992,
the board of supervisors adopted an ordinance providing for the
same compensation as contained in the prior resolution but with a
compensation cap of $1,500.00.
The auditors of Lausanne Township approved the compensation
for supervisors as township employees for the years 1990 though
1993 wherein the township secretary /treasurer was to be compensated
at 3% of expenses as secretary and at 3% of income as treasurer.
The compensation received by Klynowsky for the years 1990
through 1993 is set forth in Fact Finding 23. The amount of
compensation obtained by Klynowsky which was not part of his
authorized compensation, as stipulated by the parties, was
$2,023.45. Fact Findings 26, 27.
Finally, the actions of Klynowsky were not done with any
criminal intent or with any intent to violate the Ethics Law. Fact
Findings 29, 30.
In determining whether the action of Klynowsky violated
Section 3(a) of the Ethics Law, we must review the pertinent
provisions of the Second Class Township Code. Although we do not
have jurisdiction to interpret the provisions of the Second Class
Rlynowsky, Robert, 93- 018 -C2
Page 14
Township Code, it is necessary to review those provisions of law in
order to make a determination as to whether the pecuniary benefit
received was private as unauthorized by law.
The Second Class Township Code provides that township
supervisors shall receive the following compensation:
Compensation of Supervisors
Supervisors may receive from the general
township fund, as compensation, an amount
fixed by ordinance not in excess of the
following:
Township Population
Not more than 4,999
5,000 to 9,999
10,000 to 14,999
15,000 to 24,999
25,000 to 34,999
35,000 or more
53 P.S. §55515.
NM MI6
Annual Maximum Compensation
Fifteen hundred dollars
Two thousand dollars
Twenty -six hundred dollars
Thirty -three hundred dollars
Thirty -five hundred dollars
Four thousand dollars
Such salaries shall be payable monthly or
quarterly for the duties imposed by the
provisions of this act. The population shall
be determined by the latest available official
census figures. The compensation of
supervisors shall be fixed by the township
auditors either per hour, per day, per week,
semi - monthly or monthly, which compensation
shall not exceed compensation paid in the
locality for similar services, and such other
reasonable compensation for the use of a
passenger car, or a two -axled four - wheeled
motor truck having a chassis weight of less
than two thousand pounds when required and
actually used for the transportation of road
and bridge laborers and their hand tools and
for the distribution of cinders and patching
material from a stock pile, as the auditors
shall determine and approve; but no supervisor
shall receive compensation as a superintendent
or roadmaster for any time he spends attending
a meeting of supervisors.
In reference to the meetings for which supervisors may receive
compensation, the Code further provides as follows:
The township supervisors shall meet for
the transaction of business at least once each
Klvnowskv. Robert, 93- 018 -C2
Page 15
month, at a time and place to be fixed by the
board, but they shall not be paid for more
than sixteen meetings in any one year, except
for any township where, on account of the
exercise of governmental functions other than
those relating to roads, more meetings are
necessary, in which case, the number of
meetings for which the supervisors may be paid
may be increased to any number, not exceeding
fifty meetings in any year which shall include
hearings by aggrieved parties under the
Pennsylvania Sewage Facilities Act and other
hearings by aggrieved parties, hearings of a
judicial or quasi- judicial nature. Two
members of any board of supervisors consisting
of three members shall constitute a quorum and
three members of any board of supervisors
consisting of five members shall constitute a
quorum. Except as otherwise provided in this
act, an affirmative vote of a majority of the
entire board of supervisors shall be necessary
in order to transact any business. Necessary
expenses incurred in such meetings, including
office rent, stationery, light and fuel, shall
be paid out of the general township fund.
53 P.S. 565512.
The duties that a supervisor is responsible for performing are
regulated by statute. The compensation to be paid for a supervisor
who is not otherwise employed by the township is strictly regulated
by the Second Class Township Code. A supervisor may only receive
compensation for supervisor meetings regarding the transaction of
township business. The type of meeting for which a township
supervisor may be compensated must be one at which official
township business is transacted. Additionally, the Second Class
Township Code provides for compensation at the specific meetings as
outlined in 565512 above. The Code does not appear to permit the
compensation of a township supervisor for attending other types of
meetings or for performing the administrative functions of his
office. Any such other compensation must be earned as part - of the
services performed while serving in one of the statutorily
authorized positions. Thus, if township supervisors were to award
to themselves compensation for attendance at meetings that are not
official township meetings of the board of supervisors as per
Section 515 of the Code, or for performing duties not authorized by
law, such would violate the provisions of the State Ethics Law as
such payment would not constitute compensation provided by law.
The above interpretation of the Second Class Township Code is a
view that has also been expressed by the State Association of
Township Supervisors which specifically indicated that supervisors
Klynowsky, Robert, 93- 018 -C2
Page 16
may not be compensated for meetings with engineers, solicitors,
planning commissions, authorities, or recreation boards. See,
Township News, May, 1985, Page 66. In the Townshi News, June,
1993, page 90, it is stated that supervisors may not be compensated
for time spent responding to citizen concerns, phone calls, and
such administrative functions. Further, a supervisor - employee may
not use "employee" time to deal with official supervisory duties on
non - road- related activities.
The Second Class Township Code sets forth clearly when
supervisors may receive compensation other than as set forth above.
Generally, a township supervisor may be employed by the township as
a roadmaster, laborer, or secretary /treasurer. 53 P.S. §65410.
The compensation to be paid to supervisors working in such
positions is to be fixed by the township board of auditors. 53
P.S. § §65515, 65531, 65540. Township supervisors may not receive
any other compensation except as provided above. In Colter v.
Warminister Township, 8 Pa. Commw. Ct. 163, 302 A.2d 859 (1973),
the Commonwealth Court of Pennsylvania held that a second class
township supervisor may not appoint himself to positions other than
those set forth in the township code (roadmaster, laborer, or
secretary /treasurer), and receive compensation therefore. See
also, Conard v. Exeter Township, 27 D &C.3d 253 (Berke 1983). It is
clear, therefore, that the duties for which a township supervisors
may be compensated are strictly regulated by the Second Class
Township Code, and when performing in the positions set forth in
the Code, the supervisor's compensation must be specifically set
forth by the township board of auditors.
In applying the above provisions of law to the instant matter,
we find that Klynowsky violated Section 3(a) of the Ethics Law.
Klynowsky used the authority of public office to obtain $2,023.45
in payments which constitute a private pecuniary benefit. The
foregoing compensation received by Klynowsky was not authorized
under the Second Class Township Code. Accordingly, Klynowsky is
ordered to make timely restitution through this Commission payable
to the order of Lausanne Township in the amount of $2,023.45.
Since there was no intent to violate the Ethics Law, this matter
will be closed upon payment of restitution. However, failure to
• make restitution will result in a directive of the Commission to
institute an order enforcement action.
IV. CONCLUSIONS OF LAW:
1. Robert Klynowsky, as a Lausanne Township Supervisor, is a
public official subject to the provisions of Act 170 of 1978
as reenacted and amended by Act 9 of 1989.
•
2. Klynowsky violated Section 3(a) of Act 9 of 1989 when he used
the authority of office to obtain a private pecuniary benefit
in the amount of $2,023.45.
In Re: Robert Klynowsky File Docket: 93- 018 -C2
Date Decided: 09/12/94
Date Mailed: 09/14/94
ORDER NO. 939
1. Robert Klynowsky, as a Lausanne Township Supervisor, violated
Section 3(a) of Act 9 of 1989 when he used the authority of
office to obtain a private pecuniary benefit in the amount of
$2,023.45.
2. Klynowsky is directed to make timely restitution in the amount
of $2,023.45 to this Commission payable to the order of
Lausanne Township.
3. Failure to comply with Paragraph 2 will result in a directive
of this Commission to institute order enforcement proceedings.
HY THE COMMISSION,
JAMES M. HOWL r Jc IR