Loading...
HomeMy WebLinkAbout1031 LucchinoSTATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: George M. Lucchino File Docket: 95- 070 -C2 Date Decided: 11/4/96 Date Mailed: 11/13/96 Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Roy W. Wilt Allan M. Kluger Boyd E. Wolff This is a final adjudication of the State Ethics Commission. Procedurally, the Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the Public Official and Employee Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 g §eq., by the above - named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. Upon completion of its investigation, the Investigative Division issued and served upon Respondent a Findings Report identified as an "Investigative Complaint." An Answer was filed and a hearing was held. The record is complete. This adjudication of the State Ethics Commission will be made available as a public document thirty days after the mailing date noted above. However, reconsideration may be requested. Any reconsideration request must be received at this Commission within thirty days of the mailing date 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). A request for reconsideration will not affect the finality of this adjudication but will defer its public release pending action on the request by the Commission. The files in this case will remain confidential in accordance with Act 9 of 1989, 65 P.S. §408(h). Any person who violates confidentiality of the Ethics Law 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). Confidentiality does not preclude discussing this case with an attorney at law. Lucchino, 95- 070 -C2 Page 2 I. ALLEGATION: That George Lucchino, a public official in his capacity as a Supervisor for Robinson Township, Washington County, violated the following provisions of the State Ethics Act (Act 9 of 1989) when he used the authority of his office for a private pecuniary benefit by directing and /or approving the use of township equipment and /or township personnel, which included himself, to perform personal services at his private property. 65 P.S. §403(a). Section 3. Restricted Activities (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. 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. 1I. FINDINGS: A. Pleadings 1. On October 23, 1995, the Investigative Division of the State Ethics Commission received a signed, sworn complaint alleging that George Lucchino violated provisions of the State Ethics Act (Act 9 of 1989). 2. Upon review of the complaint by the Director of Investigations a recommendation was made to the Executive Director to commence a preliminary inquiry. 3. At the direction of the Executive Director, the Investigative Division initiated a preliminary inquiry on October 24, 1995. 4. The preliminary inquiry was completed within sixty days. Lucchino, 95- 070 -C2 Page 3 5. On November 27, 1995, a letter was forwarded to George Lucchino, by the Executive Director of the State Ethics Commission, informing him that a complaint against him was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail, no. Z 232 034 458. b. The domestic return receipt bore the signature of George M. Lucchino with a delivery date of November 29, 1995. 6. On April 29, 1996, a letter was forwarded to George Lucchino, by the Executive Director of the State Ethics Commission, advising him of additional allegations which were being reviewed by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail, no. Z 129 438 596. b. The domestic return receipt bore the signature of G. M. Lucchino with a delivery date of May 1, 1996. c. The notice was resent on April 30, 1996 due to an incorrect address on the April 29, 1996 notice. 7. The full investigation was commenced at the direction of the Executive Director of the State Ethics Commission. 8. The Investigative Complaint was mailed to the Respondent on May 23, 1996. 9. George Lucchino has served as a Supervisor for Robinson Township, Washington County, since January, 1994. 10. During Board of Supervisors' Reorganization meetings in 1994, 1995 and 1996, Lucchino was appointed Roadmaster. a. Lucchino was a part-time Roadmaster authorized to work up to twenty hours per week. 11. The Robinson Township Board of Auditors established compensation for the Supervisors/ Roadmasters at their annual reorganizational meeting. a. In 1994, the rate for part-time Roadmaster was $8.00 /hour. 12. At the January 4, 1995 Auditors' Reorganizational Meeting, the Auditors did not take action regarding an hourly wage for the Supervisors /Roadmasters; as a result, the wage remained the same as that established in 1994. a. Part-time Roadmasters George Lucchino and Calvin Dewey were paid at a rate of $8.00 /hour. b. Full -time Roadmaster Gerald Runtas was paid at the rate of $9.25 /hour. 13. The Robinson Township Board of Supervisors has annually sponsored a rubbish pickup day for residents of the township. Lucchino, 95- 070 -C2 Page 4 14. In 1995, Robinson Township advertised April 28, 1995, as the annual rubbish pickup day. 15. The advertisement announcing the rubbish pickup day included guidelines on the type of items that would and would not be accepted, and the manner in which the items were to be set out, as follows: a. Items including rubbish, scrap metal, appliances, etc., would be collected by the township. b. Items such as tires, building materials, and garbage would not be accepted. c. All rubbish must be left at the roadside for pickup. 16. Exceptions were made regarding the requirement to have all rubbish at the roadside, for elderly or handicapped residents with items too heavy to move out to the roadside. a. In all cases, residents were asked to try to find someone to assist them in moving heavy items to the roadside. b. Items would be removed from a porch or beside a house if the resident could not get assistance to move the item to the roadside. 17. On April 10, 1995, Lucchino solicited the two township roadworkers to assist him at his residence removing scrap metal from his property. 18. Township Road Foreman, Gary Greene, and roadworker Kenneth McGregor, utilized one of the three township trucks to drive to Lucchino's property. 19. Scrap metal was removed from Lucchino's property by Greene, McGregor and Lucchino, and loaded onto the township truck. a. A water heater was removed from the garage area of Lucchino's residence. b. Miscellaneous scrap metal was removed from a separate garage on Lucchino's property. c. The location of the scrap metal required the roadworkers to drive the township truck onto Lucchino's property, approximately 200 -300 feet from the road. 20. The scrap metal from Lucchino's property was taken to Heidelberg Metals, Inc., a salvage yard, by Greene and McGregor. a. 600 pounds of tin @ $2.00 per 100 lbs, was purchased by Heidelberg Metals from Greene and McGregor. 21. On April 11, 1995, Lucchino directed roadworker Kenneth McGregor to continue assisting him at his residence removing scrap metal from his property. Lucchino, 95- 070 -C2 Page 5 a. Road foreman Gary Greene took a vacation day on April 11, 1995, and did not participate in the work at Lucchino's property. 22. Township roadworker McGregor, utilized one of the three township trucks to drive to Lucchino's property. 23. Lucchino and McGregor continued to remove scrap metal from Lucchino's property and load it onto the township truck. a. Heavier metal items were removed from Lucchino's property on the second day. b. The scrap metal was hauled by township truck to the township building where it was unloaded onto a pile of scrap metal. c. This metal was sold to the salvage yard along with other metal picked up during rubbish pickup. 1) As a result, the value of the scrap metal picked up from Lucchino's property on April 11, 1995, is unknown. 24. A receipt, dated April 10, 1995, from Heidelberg Metals, Inc., confirms that $12.00 was paid to Robinson Township for 600 lbs of tin. a. The receipt is signed by Greene. b. Greene turned the money over to the Township Secretary/Treasurer. c. The money was used in the coffee fund, which is also used to buy turkeys for the employees at Christmas. 25. Robinson Township Payroll Reports for the period of 04/02/95 through 04/15/95, reflect work performed at George Lucchino's residence, as follows: 04/10/95 - Cleaned junk at George Lucchino place, 3 men + George (sic) 04/11/95 - Cleaned junk at Lucchino, 2 men (unintelligible) 26. Robinson Township paid the wages of the two roadworkers and Lucchino to clear rubbish and scrap metal from Lucchino's personal property. 04/10/95 Greene McGregor Lucchino 04/11/95 McGregor Lucchino @ $10.25 @ $ 8.25 @ $ 8.00 @ $ 8.25 @ $ 8.00 27. Robinson Township payroll check #1646, was issued to George Lucchino on April 13, 1995, in the amount of $132.44, for twenty hours worked during the Lucchin2, 95- 070 -C2 Page 6 payroll reporting period of 04/02/95 - 04/15/95, which included hours Lucchino had spent clearing scrap metal from his own property. a. Lucchino signed check #1646, payable to himself. b. Three signatures are required including that of the Secretary /Treasurer. 28. Robinson Township payroll checks #1647 and 1648, were issued to roadworkers Greene and McGregor, respectively, and include payment for hours spent cleaning scrap metal from Lucchino's property. a. Lucchino signed both checks. 29. In addition to the assistance of the township road employees, Lucchino also had use of the township trucks to haul the scrap metal from his property. a. Both one ton and ten ton township trucks were used to haul scrap metal from Lucchino's property. b. It is not known which truck was used on 04/10/95, and which truck was used on 04/11/95. 30. Rental of a 3/4 ton truck was priced at $59.00 per day; unlimited mileage; gasoline not included. 31. Scrap metal was removed from Lucchino's property two weeks before the advertised rubbish pickup. a. Payroll reports indicate that rubbish pickup began Monday, 04/24/95, through Friday, 04/28/95. b. No rubbish pickup occurred during the weeks beginning 04/10/96 and 04/17/96. 32. Lucchino admitted to the following: a. He asked the township roadworkers, Greene and McGregor to go out to his property to pick up scrap metal on April 10 and 11, 1995. b. The roadworkers utilized the township trucks to travel to and from his property and haul the scrap metal away. c. He was present on both days when the township roadworkers picked up scrap metal from his property. d. Robinson Township paid roadworkers Greene and McGregor for the time they spent picking up scrap from his property, travel time to and from the township building, and to the salvage yard. e. He was paid by Robinson Township for the time he spent traveling to and from his residence, and for the time spent on his property picking up scrap metal. Lucchino, 95- 070 -C2 Page 7 f. He believed that he was donating the scrap to the township, to be sold and the money used for the coffee /turkey fund for the employees. g. 1) He denies having spent 4.5 hours on 04/10/96, and 4.0 hours on 04/11/96, on his property picking up scrap. 2) He believes that he spent no more than one hour each day picking up scrap from his property. Scrap metal was picked up from his property by township roadworkers in 1994. h. Supervisors Runtas and Dewey were aware that the roadworkers had picked up scrap metal from his property in 1994. i. In 1995, he informed Runtas and Dewey that he had scrap metal to donate to the township; he assumed they understood that he was going to utilize the road crew and township truck. B. Testimony 33. Mauriann Curtis has been the Secretary /Treasurer of Robinson Township for approximately the last 6 years. a. Curtis has various financial and secretarial responsibilities. b. The township payroll for the period April 2 -15, 1995 was approved for payment with other bills by a successful motion of Dewey, second by Lucchino. (1) Such action is reflected in the Board Minutes, Exhibit 12D, p.4.. c. On April 10, 1995, Lucchino stated that he was taking the road crew to pick up junk. (1) After the road crew, Gary Greene and Kenneth McGregor, returned, Curtis became aware that they went to Lucchino's property to pick up junk. (a) The road workers gave Curtis a receipt for the $12 received from selling the scrap metal to the junkyard. (2) The time sheets (partially illegible), Exhibit 11B, reflect that on April 10, 1995 three men (plus or including Lucchino) and on April 11, 1995 two men worked at Lucchino's to clean junk. (3) The material picked up at Lucchino's was scrap metal and not rubbish. d. • Curtis and two of the three supervisors sign all checks. e. The time sheets for Lucchino and Dewey are filled in by Curtis. Lucchino, 95- 070 -C2 Page 8 34. Kenneth McGregor has been a road crew laborer for Robinson Township for the last three years. a. The time sheet for April 10, 1995 reflects that McGregor was cleaning junk at Lucchino's home. (1) The 4 -4 on his time sheet indicates that he spend four hours as to chores at Lucchino's. (a) The above included travel time. b. McGregor's activity at Lucchino's was to drive a township -owned truck to Lucchino's, load up the scrap metal, take the load to Heidelberg Metals for sale and return to the Township building. c. On another day, McGregor went with Lucchino to his house to load scrap. d. On April 10, 1995, McGregor probably spent one hour actually loading the truck with scrap metal. e. McGregor believed that all three supervisors were aware in 1994 that Township employees loaded scrap metal at Lucchino's which was sold for money that was donated to the Township. 35. Gary Greene has been a road worker for Robinson Township for the last 15 years. a. On April 10, 1995, Greene went to Lucchino's to pick up scrap metal. (1) The time sheet, Exhibit 11B, contains a notation that junk was cleared at Lucchino's. (2) Greene went with McGregor in a township truck. (3) The scrap metal was a substantial distance back from the road. (4) Once the scrap was loaded, it was taken to Heidelberg Metals for sale. (a) Greene got $12 and a receipt for the scrap metal. b. On other occasions, Greene was on Lucchino's property while working for the Township to receive free tools, supplies, angle iron, wooden blocks, etc. for the Township. c. A second load of scrap was hauled from Lucchino's property to the Township. d. On April 10, 1995, Greene spent about one hour working on Lucchino's property. Lucchino, 95- 070 -C2 Page 9 (1) Greene only picked up scrap metal but did not mow the grass or clean up rubbish. (2) The township truck was loaded full of scrap metal and there was no garbage mixed with the scrap. e. During rubbish pick -up in the Township, scrap steel was brought to the Township building for resale. f. During the second day of scrap pick -up at the Lucchino property, Greene was not present since he was on vacation. (1) Greene does not know how much scrap was taken to the Township building from Lucchino's which was added to other scrap that was already stored there. 36. Gerald Runtas has been a Supervisor in Robinson Township for approximately 23 years. a. Runtas has also been roadmaster for 23 years. b. About ten years ago, the Township started a rubbish pick -up. (1) Just about everything is picked up except tires and batteries. (2) Rubbish must be brought to the roadside. (a) Exceptions may occur as to the handicapped or elderly. c. During the week of April 10, 1995, Runtas was at the state convention. d. The time sheet, Exhibit 11B, for April 10, 1995, reflects, as to Greene and McGregor, four hours each at Lucchino's clearing junk. (1) The time included travel time to and from the township and scrap yard. e. For McGregor on April 11, 1995, the time sheet reflects two hours of work at Lucchino's. f. Runtas did not authorize the township workers to do scrap pick up at Lucchino's which occurred when he was away. g. Runtas fills in the time sheets, except for Lucchino and Dewey, which is done by the secretary. h. Although all three supervisors are roadmasters, Runtas is more or less in charge of the road crew. Lucchino, 95- 070 -C2 Page 10 37. Calvin J. Dewey a. Dewey, a Robinson Township Supervisor, was advised by Curtis sometime on April 10, 1995 that the road crew was at Lucchino's cleaning up. b. Dewey was not at Lucchino's when the crew was loading the scrap metal. 38. Lucchino made the following arguments: a. False and misleading statements have been made against him. b. If he placed the scrap at roadside (for the annual rubbish pick -up), there would be no problem. c. The complaint against him was frivolous and publicly disclosed. d. He did not have adequate time to look at the documents supplied by the Investigative Division. e. He donated scrap in 1994 which was picked up at his property. (1) Both Dewey and Runtas knew and raised no objection. f. Runtas and Dewey are politically motivated. C. Documents 39. Exhibit R -1 is an article from the Record Enterprise, October 18, 1995 entitled "Robinson Supervisor Apologizes for Using Township Workers." 40. Exhibit 9 is a photocopy of an announcement of a rubbish pick -up in Robinson Township on Friday, April 28, 1995. 41. Exhibit 10 is a photocopy of a receipt from Heidelberg Metals, Inc. reflecting the purchase of 600 pounds of tin at $2 per 100 pounds, or $12. 42. Exhibit 1 1 B (partially illegible) consists of photocopies of the semi - monthly payroll report for Robinson Township for the period April 1, 1995 through April 15, 1995 together with payroll checks issued to McGregor, Greene, Lucchino, Dewey and Runtas. a. On April 10, 1995, Greene and McGregor each spent four hours of Township time cleaning junk at Lucchino's. (1) The above time included travel time. b. On April 11, 1995, McGregor spent two hours of township time cleaning junk at Lucchino's. (1) The above time included travel time. Lucchino, 95- 070 -C2 Page 11 c. Lucchino on April 10 and 11, 1995, worked on his property as to scrap cleanup, 4.5 hours and 4 hours respectively, for which he received payment from the Township. d. Greene, McGregor, and Lucchino were paid by the Township for all the work they performed during the week of April 9, 1995. 43. Exhibit 12 are photocopies of Robinson Township Board of Supervisors minutes for the reorganization and regular meetings from January 4, 1993 to January 2, 1996 as well as two meetings on May 8, 1995 and October 8, 1995. a. The minutes for October 9, 1995 contains the following entry under "Visitors ": Beverly Schwab questioned whether or not Mr. Lucchino had his property cleaned up by township workers on township time. Mr. Runtas stated that on April 10 and 11 Mr. Lucchino had 2 workers and a township truck along with Mr. Lucchino cleaning up his property. Mrs. Schwab wanted to know what can be done about this. Mr. Runtas stated that if a resident has a complaint, it can be made to the Ethics Commission and action can be taken by the Ethics Board. Mrs. Schwab then stated that she would like a copy of the payroll sheet for that period. and the following under "New Business ": Mr. Runtas stated in regards to Mrs. Schwab's complaint, Mr. Lucchino had workers Gary Greene and Ken MacGregor and Mr. Lucchino on his property on April 10 for approximately 4 hours each and Ken McGregor and Mr. Lucchino on his property on April 11 for approximately 2 hours each. On April 10, a receipt was turned in for $12.00 for junk at the salvage yard. Mr. Runtas stated he was aware of this on April 12, when he returned home from the State Convention in Hershey. Mr. Dewey stated that he was aware of their (sic) after the workers had come in on Monday. b. The minutes for May 8, 1995 reflect in part the following: A motion was made by Mr. Dewey, seconded by Mr. Lucchino and duly carried to pay all current bills. Vote: 3 ayes. 44. The pecuniary value of the services as to the scrap metal pick up at Lucchino's on April 10-11, 1995 utilizing a township truck and crew amounted to $264.50 computed as follows: Township truck for 2 days McGregor (@ $8.25) Greene (@ $10.25) Lucchino (@ $8.00) 2 x $59 = $118.00 6 x $8.25 = $49.50 4x $10.25 = $41.00 8.5 x $8.00 = $68,00 Lucchino, 95- 070 -C2 Page 12 facts. Subtotal: $276.50 Less Credit: - $12.00 TOTAL: $ 264.50 111. DISCUSSION: At all times relevant to this matter, the Respondent, George M. Lucchino, hereinafter Lucchino, has been a public official subject to the provisions of the Public Official and Employee Ethics Law ( "Ethics Law "), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, g sgg. The issue before us is whether Lucchino, as a Supervisor for Robinson Township, Washington County, violated Sections 3(a) of the Ethics Law (Act 9 of 1989) as to the allegation that he used the authority of his office for a private pecuniary benefit by directing and approving the use of township equipment and township personnel, which included himself, to perform personal services at his private property. Pursuant to Section 3(a) of the Ethics Law quoted above, a public official /public employee is prohibited from engaging in conduct that constitutes a conflict of interest. The term "conflict of interest" is defined under Act 9 of 1989 as follows: 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 or his immediate family or a business with which he or a member of his immediate family is associated. 65 P.S. §402. Having noted the issue and applicable law, we shall now summarize the salient Lucchino has served as a Supervisor in Robinson Township since January, 1994 and a part-time Roadmaster from 1994 through 1996. Lucchino is authorized to work up to 20 hours per week at an hourly pay rate of $8. On April 10 and 11, 1995, Lucchino directed two Robinson Township roadcrew employees, Gary Greene and Kenneth McGregor to take a Township truck to Lucchino's residence for the purpose of picking up scrap metal. The scrap metal was located approximately 200 -300 feet back from the road. On the first day, Lucchino, lucchino, 95- 070 -C2 Page 13 Greene and McGregor picked up the scrap which was placed in the Township truck. The scrap metal was taken in the Township truck to Heidelberg Metals, Inc. where it was sold for $12. When the crew returned to the Township Building, Lucchino turned over the $12 to the Township Secretary. On the second day, McGregor took a Township truck to Lucchino's property where the two individuals loaded scrap. On the second day, the scrap was taken to the Township Building and added to other scrap for subsequent sale by the Township. The above activities occurred approximately 21/2 weeks before Robinson Township had its annual rubbish pick up day. The scrap metal is the type of trash that the Township would take at the annual pick up. However, in order for the Township to pick up such rubbish, it must be placed at roadside. The only exception to the roadside pick up is for handicapped or elderly persons. Parenthetically, it would appear • that Lucchino could have had the Township pick up the scrap metal on annual rubbish pick up day provided he waited 21/2 weeks and moved the scrap to the roadside by himself on his own time. The record reflects that it was Lucchino who directed Greene and McGregor to take the Township truck to his property to pick up scrap metal. McGregor, Greene, as well as Lucchino, were paid by the Township for the travel time as well as scrap metal pick -up time. Lucchino and McGregor worked at his property on April 10 and 11, 1995 for 8.5 and 6 hours respectively including travel time. Greene worked 4 hours including travel time at Lucchino's on April 10, 1995. Lucchino makes the following legal arguments: if the scrap were placed at roadside for the annual rubbish pick -up, there would be no problem; the Complaint is frivolous and has been publicly disclosed; there was inadequate time by him to review documents supplied by the Investigative Division; the other Supervisors were aware that he donated scrap to the Township in 1994 which was picked up at his property; the other Supervisors are politically motivated; and there have been false and misleading statements. Having summarized the above relevant facts, we must now determine whether the actions of Lucchino violated Section 3(a) of Act 9 of 1989. In order to establish a violation, Section 3(a) requires a use of the authority of office or confidential information by a public official /employee for the private pecuniary benefit of himself, a member of his immediate family, or business with which he or a member of his immediate family is associated. In this case, we find that Lucchino violated Section 3(a) of Act 9 of 1989 when he utilized a Township truck and roadcrew including himself to pick up scrap metal at his property on April 10 and 11, 1995. There was a use of authority of office on the part of Lucchino. Lucchino as a Supervisor, directed McGregor and Greene to take a Township truck and go to his property to pick up the scrap metal. But for the fact that Lucchino was a Supervisor, he would not have the authority to direct such activities of the roadcrew. In addition, Lucchino as a Supervisor seconded and voted for the successful motion on May 8, 1995 to pay all current bills and cosigned the Township checks which were made payable to Greene, McGregor, and himself as a part-time Roadmaster, which included the payment for the work that was done at his residence in picking up the scrap metal. The use of authority of office resulted in a pecuniary benefit to Lucchino. In particular, the pecuniary benefit consisted of the utilization of a Township truck for two days, two Township roadcrew workers and Lucchino himself, all three of whom were paid by the Township for the work that they performed in picking up scrap metal at Lucchino, 95- 070 -C2 Page 14 Lucchino's property. The pecuniary benefit was private because nowhere in law is it allowable for a second class township supervisor to utilize township equipment or personnel to work on his own property. See, Foster, Order 749. Finally, the private pecuniary benefit enured to Lucchino himself who did not have to haul the scrap metal by himself or use his own vehicle to haul the scrap metal to curbside, to the Township Building or to a scrap yard. We find the various arguments of Lucchino to be unavailing. As to any alleged political motivation or false and misleading statements, the hearing in this case is the basis for the fact findings. Lucchino is correct that if he placed the scrap at roadside there would not be any problem, provided he moved the scrap on his own time with his own vehicle. Instead, Lucchino used a Township truck and two roadcrew members and himself to perform these tasks at Township expense. It was Lucchino who decided upon the course of action and it is the Ethics Law which mandates the resultant violation. As to the claim of a frivolous complaint publicly disclosed, we obviously do not find the Complaint frivolous in light of our finding of a violation. As to the issue of any public disclosure, there is a wrongful use of act process in the Ethics Law. If there were such a disclosure, it would have to be dealt with in a separate proceeding. That issue cannot be addressed in this proceeding which is limited to the above allegation. Turning to the claim that Lucchino did not have adequate time to look at documents supplied by the Investigative Division, we note that the hearing in this case was scheduled at the mutual convenience of both the Investigative Division and Lucchino. If Lucchino felt that he did not have adequate time to prepare and review documents, it was incumbent upon him to propose a later hearing date. Lastly, as to the argument that Lucchino donated scrap in 1994 which was picked up at his property with the knowledge of the other Supervisors, such is irrelevant to our consideration which solely is limited to the issue of the scrap pick up in April of 1995. Section 7(13) of Act 9 of 1989, 65 P.S. §407(13), specifically empowers this Commission to impose restitution in those instances where a public official /employee has obtained a financial gain in violation of the Ethics Law. Restitution is warranted in this case in the amount of the private pecuniary benefit received which was $264.50. Lucchino is directed within thirty days of the date of issuance of this Order to make restitution to Robinson Township through this Commission in the amount of $264.50. Compliance with the foregoing will result in the closing of this case with no further action by the Commission. Non - compliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1. George M. Lucchino, as a Supervisor for Robinson Township, Washington County, is a public official subject to the provisions of Act 9 of 1989. 2. Lucchino violated Section 3(a) of Act 9 of 1989 when he utilized a Township truck, two roadcrew members and himself to pick up scrap metal at his property at Township expense. J.ucchinq, 95- 070 -C2 Page 15 3. The private pecuniary benefit received by Lucchino amounted to $264.50. In Re: George M. Lucchino File Docket: 95- 070 -C2 Date Decided: 11/4/96 Date Mailed: 11/13/96 ORDER NO. 1031 1. George M. Lucchino, as a Supervisor for Robinson Township, Washington County, violated Section 3(a) of Act 9 of 1989 when he utilized a Township truck, two roadcrew members and himself to pick up scrap metal at his property at Township expense. 2. Lucchino is directed within thirty days of the date of issuance of this Order to make restitution to Robinson Township through this Commission in the amount of $264.50. Compliance with the foregoing will result in the closing of this case with no further action by the Commission. Non - compliance will result in the institution of an order enforcement action. BY THE COMMISSION, �w 6 DANEEN E. REESE, CHAIR