HomeMy WebLinkAbout1060 ServisIn Re:
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
Bryan Servis
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Daneen E. Reese, Chair
Austin M. Lee, Vice Chair
Roy W. Wilt
Allan M. Kluger
Rev. Joseph G. Quinn
Boyd E. Wolff
Julius Uehlein
96- 027 -C2
Order No. 1060
8/14/97
8/26/97
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 et Leg., by the above -
named Respondent. At the commencement of its investigation, the Investigative
Division served upon Respondent written notice of the specific allegation(s). 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 waived. A consent agreement was submitted by the
parties to the Commission for consideration which was subsequently approved.
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.
Servis, 96- 027 -C2
Page 2
I. ALLEGATION:
That Bryan Servis, a public official /public employee in his capacity as a
Councilman of the Tullytown Borough, Bucks County, violated the following provision
of the State Ethics Act (Act 9 of 1989) when he used the authority of his office for
a private pecuniary benefit by contracting to obtain a cellular telephone for his personal
use at borough expense without the approval of council, and when he used the cellular
telephone for personal calls and subsequently approved payments of bills for said calls,
including but not limited to approving invoices, voting to pay bills and signing checks.
Section 3. Restricted Activities
(a) No public official or public employee shall
engage in conduct that constitutes a conflict of interest. 65
P.S. §403(a).
II. FINDINGS:
1. Bryan R. Servis has served as a Tullytown Borough, Bucks County, Councilman
since January 7, 1992.
a. Servis served as council president from January 7, 1992, to April 5,
1994, and from January 2, 1996, to August 6, 1996.
2. On January 15, 1993, Servis entered into a contract with Comcast Metrophone,
480 East Swedesford Road, Wayne, PA, to lease two cellular telephones.
a. Servis entered into this lease as an official of the borough.
3. The Agreement, under Account Number 91582775, called for Comcast to
provide two cellular telephones under a "Large Account Plan II /Corp." plan.
The agreement required the borough to pay a start of service fee of
$25.00 for each phone, a $16.00 monthly service fee for each phone;
air time usage fees of $ .36 per minute peak time and $ .16 per minute
off -peak time; local land fees; and taxes.
b. The Agreement was signed by Bryan R. Servis and listed the Borough of
Tullytown as the membership corporate name, attention Bryan Servis,
500 Main Street, Tullytown, PA 19007, Phone 945 -1560.
4. Servis kept one of the phones for his own use and turned the other phone over
to the police department for use by the police chief and police department
personnel.
a.
a.
b.
The listed number of the phone used by Servis was (215) 808 -0679.
The listed number of the phone used by the police department was (215)
808 -0691.
5. On July 15, 1993, Servis entered into a second agreement with Comcast
Metrophone as an official of the Borough of Tullytown, leasing two additional
cellular telephones under Agreement No. 91962506.
Servis, 96- 027 -C2
Page 3
a. This Agreement called for Comcast to provide the two additional cellular
telephones under a "Large Account Plan II /Corp." plan.
b. The Agreement required the borough to pay a start service fee of $35.00
for one of the phones; . a $16.00 monthly service fee for each phone; the
same air time usage fees; local land fees; and taxes.
c. The Agreement was signed by Bryan R. Servis and listed the Borough of
Tullytown as the membership corporate name, attention Bryan Servis,
500 Main Street, Tullytown, PA 19007, Phone 945 -1560.
6. One of the phones provided under Agreement Number 91962506, listed
telephone number (215) 290 -9161, was for use by Servis.
a. This telephone is in addition to the phone obtained by Servis via
Agreement No. 91582775 (telephone number (215) 808 - 0679). (See
Findings No. 15 and 16).
7. The police department was provided with the other phone obtained under
Agreement Number 919622506, listing telephone number (215) 290 -9162.
a. This was in addition to telephone number (215) 808 -0691, as part of
Agreement Number 91582775.
8. Both contracts (Nos. 91582275 and 91962506) entered into by Servis, with
Comcast Metrophone, were not discussed at council meetings and were not
approved by a vote of council.
9. The Borough of Tullytown did not have a specific policy governing the
acquisition and use of cellular phones by borough personnel or officials.
a. Contracts entered into on behalf of the borough are approved by council
prior to the effective date of the contract.
10. Comcast Metrophone billed the borough on the 23rd of each month for the use
of the cellular phones.
a. The bills were addressed to: Boro of Tullytown, Attn: Bryan Servis, 500
Main Street, Tullytown, PA 19007.
b. Comcast began billing the borough for the phone service to Agreement
Number 91582275 [sic] on January 23, 1993.
11. Invoices received from vendors are compiled by employees of the borough into
lists for council review and approval.
a. Borough purchase orders are prepared by staff for review and approval
by the Council President prior to a vote by Council.
b. Council President also reviews and initials vendor invoices.
c. A Treasurer's Report is then prepared for approval by council.
Servis, 96- 027 -C2
Page 4
12. While serving as Tullytown Borough Council President, Bryan Servis reviewed
and approved vendor invoices and signed borough purchase orders.
a. This included bills received from Comcast for the cellular telephone
service.
13. Servis took the following action as Council President to approve for payment the
Comcast Metrophone bills submitted to the Borough:
Date Comcast Bill
01/23/93 Initialed BRS
02/23/93
03/23/93
04/23/93
05/23/93
06/23/93
07/23/93
08/23/93
09/23/93 Initialed BRS
10/23/93
11/23/93
12/23/93
01/23/94 Initialed BRS
02/23/94
03/23/94
04/23/94
05/23/94
14. Servis participated in actions of Council to approve Treasurer's Reports which
included Comcast bills.
Date of Meetina
02/11/93
03/03/93
04/13/93
05/04/93
06/01/93
07/06/93
08/10/93
09/14/93
10/05/93
11/09/93
12/07/93
01/11/94
02/01/94
03/01/94
04/11/94
05/03/94
06/07/94
Servis Absent
or Present
Present
Present
Present
Present
Absent
Present
Present
Absent
Present
Present
Present
Present
Present
Present
Present
Absent
Present
Borough of Tullytown Purchase Order
No. 5181
No. 5781
No. 5781 Signed by Bryan Servis
No. 5952 Signed by Bryan Servis
No. 5999 Signed by Bryan Servis
No. 6031
No. 6031 Signed by Bryan Servis
No. 6064 Signed by Bryan Servis
No. 6113 Signed by Bryan Servis
No. 6269
No. 6269
No. 6269 Signed by Bryan Servis
Action Taken
By Servis
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Voted to Approve
Comcast Bill
Date and Amount
01/23/93-$131.37
01/23/93-$131.37
02/23/93
03/23/93 - $381.37
No Comcast Bill
04/23/93 - $284.63
06/23/93 - $525.03
07/23/93- $441.17
08/23/93 - $396.39
09/23/93 - $391.27
No Comcast Bill
No Comcast Bill
11/23/93-$122.72
12/23/93- $967.78
01/23/94-$170.50
02/23/94 - $261.87
02/23/94 - $261.87
03/23/94 -$
Servis, 96- 027 -C2
Page 5
07/05/94
04/23/94 - $444.58
Present Voted to Approve 05/23/94 - $262.93
15. Servis signed the borough checks issued, as indicated below, to Comcast for
payment of cellular telephone service.
Check Number Date Amount Contains Bryan Servis' Signature
As Council President
19034 02/15/93 $131.37 Yes
19123 03/31/93 $381.37 Yes
19256 05/24/93 $284.63 No
19331 07/07/93 $525.03 No
19400 08/02/93 $441.17 Yes
19446 09/17/93 $396.39 No
19522 10/07/93 $391.27 Yes
19709 01/10/94 $122.72 Yes
19747 01/11/94 $967.78 Yes
19767 02/02/94 $170.50 Yes
19912 04/08/94 $261.87 No
19993 05/03/94 $444.58 No
20105 06/29/94 $262.93 No
16. At the September 14, 1993, and October 5, 1993, council meetings
Councilman James Chase questioned the Comcast Metrophone bills and
requested a breakdown of the July 1993 and August 1993 Comcast Bills.
17. Council President Servis was present at the meeting of October 5, 1993.
a. Servis informed Chase that the phones were not purchased through the
Borough as they are owned by each individual.
b. Servis also stated the phone bills contain information on personal calls
and confidential calls so they should be reviewed in the office.
18. During the October 5, 1993, meeting, Chase made a motion that the Borough
be reimbursed for all monies paid out for the use of the phones and that the
Borough not accept any future bills for the use of the phones.
a. The motion was seconded by Councilman Mazzocchi.
b. The motion failed by a vote of 3 against 2, in favor, with Servis
abstaining.
19. Borough solicitor John Cordisco advised Council as follows regarding the cellular
telephones:
a. The fact as to whether the phones were authorized or not authorized is
not the issue because there was no expenditure for the purchase of the
phones.
Servis, 96- 027 -C2
Page 6
b. If a majority of Council approves a bill and in fact it is reimbursed for
those calls which are private and pays for the calls that are conducted for
the purpose of the Borough then the expenditure is proper.
20. On March 24, 1994, Servis revised the Agreements with Comcast Metrophone
under Account Numbers 91582775 and 91962506.
a. Servis changed telephone number (215) 290 -9161 from Account Number
91962506 to Account Number 91582775.
b. Servis changed telephone number (215) 808 -0691 from Account Number
91582775 to Account Number 91962506.
21. As a result of the revision Account Number 91582775 included telephone
numbers (215) 290 -9161 and (215) 808 -0679.
a. Account Number 91962506 contained telephone numbers (215) 290-
9162 and (215) 808 -0961.
22. Servis also changed the billing information on Account Number 91582775 to
read "Boro of Tullytown, Attn: Bryan Servis, 237 Main Street, Tullytown, PA
19007," Servis' home address.
23. The billing information on Account Number 91962506 remained "Boro of
Tullytown, Attn: Bryan Servis, 500 Main Street, Tullytown, PA 19007."
a. The Borough of Tullytown Municipal Building is located at 500 Main
Street, Tullytown, PA.
24. On April 5, 1994, Tullytown Borough Council voted unanimously to approve a
motion to cancel all of the Borough's cellular phone contracts and to have all of
the cellular phones returned to council.
a. Servis was present at the meeting and voted on the motion.
25. Servis did not return the cellular phones to the borough which were obtained
from Comcast as a result of the original contracts entered into on January 15,
1993, (No. 91582775) and July 15, 1993, (No. 91962506).
a. Servis retained the phones for his personal use under the revised
Agreement of 03/24/94 on Account Number 91582775.
26. Servis was questioned by other members of Borough Council at the time of the
April 5, 1994, meeting concerning his use of the cellular phones and the cost
to the borough for Servis' personal calls on the phones.
a. Servis informed Council members that he would reimburse the Borough
for the cost of his personal use of the phone.
27. Servis told Council Member Pat Carroll that he reimbursed the Borough $300.00
by paying a check to Borough Treasurer William DePasquale.
Servis, 96- 027 -C2
Page 7
a. No payments have ever been made by Servis to DePasquale or any other
borough official for the cellular telephone service.
28. Servis maintained Account Number 91582775 with Comcast Metrophone until
January 16, 1996, when it was canceled for non - payment of bills.
29. The monthly Comcast Metrophone bills to the borough confirm that Servis made
the following personal calls using the cellular phone which were billed to the
Borough of Tullytown:
a.
Number: (215)945 -5130
Date
02/03/93
02/09/93
02/09/93
02/11/93
03/05/93
04/01/93
04/08/93
04/15/93
05/28/93
05/28/93
05/28/93
05/28/93
05/28/93
TOTAL
b.
Amount Date Amount
. 36
. 36
.72
.36
.36
. 36
1.08
.36
1.17
2.33
1.18
1.18
2.20
$ 12.02
Number: (215)945 -6390
05/28/93
05/31/93
06/03/93
06/07/93
08/03/93
09/15/93
09/16/93
09/28/93
10/04/93
10/19/93
11/02/93
12/01/93
12/05/93
Date Amount Date Amount
07/09/93 1.44 10/20/93 2.52
07/06/93 6.30 11/19/93 1.44
07/15/93 1.08 11/19/93 .36
07/20/93 .72 11/19/93 .72
08/03/93 .72 11/29/93 .72
08/09/93 2.88 12/06/93 .36
08/12/93 5.82 12/06/93 .36
08/17/93 .36 12/06/93 1.08
Service Listed To: J. Green/ Bryan Servis
237 Main Street
Tullytown, PA
1.18
3.32
. 36
. 36
.72
.36
.72
. 36
.36
. 36
.72
. 36
.16
$9.34
Date Amount
12/21/93
12/25/93
01/04/93
01/08/93
02/09/94
03/23/94
GRAND TOTAL
.72
.16
.72
.16
.72
.16
$ 2.64
$ 24.00
Number Listed To: Power Plant Gym
Levittown, PA
Date Amount
01/05/94 .72
01/05/94 .36
01/12/94 .36
01/19/94 .36
01/21/94 .36
01/26/94 .16
02/18/94 .72
02/22/94 .36
08/17/93 2.16 12/08/93 1.08 03/09/94 .36
Servis, 96- 027 -C2
Page 8
09/28/93 .72
10/08/93 .72
TOTAL $22.92
c.
Number: (215)547 -6923
Date Amount
06/01/93 .72
06/01/93 2.16
06/09/93 .36
06/09/93 3.24
06/09/93 1.08
06/09/93 1.08
06/11/93 1.08
06/11/93 3.24
06/22/93 1.80
06/14/93 10.07
06/25/93 .36
06/30/93 1.44
07/08/93 .36
07/08/93 .36
07/08/93 .36
07/08/93 .36
07/08/93 .36
07/08/93 .72
07/08/93 .36
07/08/93 1.44
07/09/93 .36
07/12/93 6.48
07/13/93 .36
07/16/93 .36
07/16/93 .72
07/20/93 1.44
07/22/93 2.52
07/23/93 1.08
07/21/93 2.88
07/27/93 1.08
07/28/93 .72
07/29/93 2.52
TOTAL $51.11
d.
Number: (215)785 -3762
12/09/93 .36 03/15/94 3.96
12/22/93 .72
$9.72 $7.72
GRAND TOTAL $40.36
Service Listed To:
Date Amount
08/03/93
08/03/93
08/07/93
08/17/93
08/18/93
08/02/93
08/02/93
08/07/93
08/26/93
08/27/93
08/31/93
09/01/93
09/03/93
09/16/93
09/16/93
09/21/93
09/24/93
09/27/93
10/01/93
10/06/93
10/19/93
10/20/93
10/20/93
10/21/93
10/23/93
10/25/93
11/01/93
11/02/93
11/08/93
11/16/93
11/16/93
11/19/93
.72
.72
.16
1.08
.36
6.06
7.55
9.06
1.08
.72
1.44
.72
2.16
.72.
1.08
.36
1.08
1.08
.72
.72
.72
1.80
1.44
.36
.96
1.80
1.08
1.44
.72
.36
2.16
1.08
$51.51
Rob's Automotive
5250 Emilie Road
Levittown, PA 19057
Date Amount
11/29/93
12/01/93
12/15/93
12/15/93
12/17/93
01/11/94
01/12/94
01/14/94
01/16/94
01/25/94
01/31/94
01/31/94
01/31/94
02/08/94
02/21/94
02/22/94
02/22/94
02/28/94
03/04/94
03/11/94
03/16/94
03/17/94
03/23/94
03/21/94
From NJ:
07/26/93
08/02/93
08/02/93
08/07/93
GRAND TOTAL
1.80
1.44
.72
.72
.72
1.80
.36
.72
.48
1.08
.72
1.80
1.08
1.80
.72
.36
.72
.72
1.08
1.08
.72
.72
.36
1.80
15.11
6.06
7.55
9.06
$ 61.30
$164.28
Service Listed To: Robert A. Leipziger
318 Park Avenue
Bristol, PA 19007
Servis, 96- 027 -C2
Page 9
Date Amount
06/15/93
06/21/93
06/05/93
06/12/93
06/29/93
07/06/93
07/16/93
07/08/93
07/12/93
06/25/93
07/21/93
07/26/93
07/26/93
08/01/93
08/01/93
08/02/93
12/21/93
12/23/93
12/24/93
12/24/93
12/25/93
01/04/94
01/05/94
01/06/94
01/07/94
01/09/94
TOTAL
e.
Number:
1.08
.72
3.40
1.14
.48
.72
.16
.80
1.80
2.26
.72
.72
.32
.16
.96
.72
.72
2.88
.16
. 32
.32
. 16
.36
.72
.36
.48
$22.64
(215)368 -9681
Date
08/03/93
08/07/93
08/07/93
08/18/93
08/18/93
08/23/93
08/23/93
08/23/93
09/01/93
09/17/93
09/20/93
10/01/93
09/27/93
09/28/93
09/30/93
10/18/93
01/10/94
01/25/94
01/26/94
02/07/94
02/09/94
02/20/94
.72
.64
.64
1.84
.16
.16
. 32
. 32
.36
.36
1.44
.36
.36
1.08
.36
.16
. 36
.36
. 96
.16
. 36
.32
02/20/94 .16
02/20/94 .16
02/26/94 .48
02/26/94 .16
$12.76
GRAND TOTAL
Date Amount Date Amount
01/15/93 .72 03/24/93 .36
01/15/93 .64 03/25/93 .36
01/19/93 .72 03/25/93 .36
01/20/93 1.08 03/26/93 .36
01/20/93 .72 03/28/93 .32
01/20/93 .80 03/28/93 1.92
01/21/93 .48 03/29/93 .36
01/22/93 .72 03/29/93 .36
02/04/93 .36 03/29/93 .72
02/04/93 .72 03/30/93 .36
02/11/93 .36 03/30/03 .72
02/11/93 .48 03/30/93 .72
02/12/93 .36 03/31/93 .72
02/18/93 .36 03/31/93 .36
Amount Date Amount
10/18/93
10/23/93
11/02/93
11/03/93
11/21/93
11/30/93
12/06/93
12/15/93
12/18/93
12/18/93
12/18/93
12/18/93
12/18/93
12/19/93
12/19/93
12/20/93
02/27/94
03/08/94
03/08/94
03/14/94
03/20/94
. 16
.16
.36
.64
. 32
. 32
1.80
.72
.48
.48
.32
.16
.32
.64
.16
. 36
.32
. 36
.64
.48
.16
$9.36
$44.76
Service Listed To: Joseph Sweeney
1484 Wheaten Lane
North Wales, PA 19454
Date Amount
11/27/93
11/28/93
11/29/93
11/30/93
12/02/93
12/04/93
12/04/93
12/04/93
12/05/93
12/06/93
12/06/93
12/06/93
12/07/93
12/12/93
.16
1.28
.36
. 72
. 32
.48
.16
.16
2.24
.36
. 16
.16
1.76
1.12
Servis, 96- 027 -C2
Page 10
02/19/93 .36
02/23/93 .72
02/27/93 .16
02/27/93 1.12
02/27/93 .32
02/27/93 .16
03/01/93 .36
03/01/93 .72
03/02/93 1.08
03/02/93 1.08
03/02/93 1.08
03/02/93 .16
03/03/93 .16
03/07/93 .48
03/09/93 3.60
03/09/93 .36
03/09/93 2.88
03/09/93 .72
03/10/93 .72
03/10/93 .36
03/10/93 .72
03/11/93 .36
03/12/93 .36
03/12/93 .72
03/14/93 .16
03/23/93 .36
03/24/93 .36
TOTAL $28.16
f.
Number:
04/02/93
04/02/93
04/04/93
04/07/93
04/08/93
04/10/93
04/15/93
04/17/93
04/17/93
04/17/93
04/17/93
04/21/93
04/21/93
03/28/93
06/02/93
06/04/93
06/25/93
07/09/93
07/16/93
07/16/93
08/05/93
08/05/93
08/18/93
08/25/93
09/01/93
11/08/93
11/19/93
.36
.72
.16
.36
.36
.16
. 36
.16
.16
1.44
1.60
. 36
1.76
1.14
.36
. 36
.36
.72
.36
. 36
.36
.36
.36
.36
. 36
. 36
.36
$22.14
(215)949 -2392 Service Listed To:
12/21/93 .72
12/22/93 .36
12/22/93 1.60
12/22/93 .36
12/23/93 .36
12/23/93 .36
12/23/93 .32
12/25/93 .16
GRAND TOTAL
$13.68
$ 63.98
Donna Weidenmiller
Donna Funsten
18 Hawk Road
Levittown, PA 19056
Date Amount Date Amount Ilat o Amount
01/15/93 .36 06/02/93 .48 11/29/93 1.80
01/17/93 1.25 07/19/93 .32 12/08/93 2.52
01/20/93 1.80 07/19/93 2.56 12/08/93 5.76
02/22/93 2.16 07/20/93 1.80 12/28/93 2.52
02/23/93 .36 07/20/93 .36 12/29/93 1.76
03/05/93 3.96 07/23/93 1.44 01/05/94 1.08
03/05/93 2.16 07/23/93 4.32 01/10/93 .36
03/09/93 .36 07/28/93 .32 02/25/94 5.40
03/09/93 .36 07/28/93 .36 02/28/94 .36
03/10/93 1.08 07/29/93 1.44 03/01/94 .36
03/12/93 1.44 07/30/93 2.52 03/04/93 .64
03/22/93 2.52 11/16/93 .36
04/07/93 2.16 11/16/93 .96
04/15/93 .72 11/17/93 .72
Servis, 96- 027 -C2
Page 11
05/21/93 1.08
06/01/93 .36
TOTAL $22.13
9.
Number:
Date
06/15/93
06/22/93
06/28/93
07/02/93
07/19/93
07/26/93
09/08/93
09/03/93
11/12/93
12/10/93
02/01/94
TOTAL
h.
Number:
(215)646 -3877 Service Listed To: Guido J. Allegrezza
1558 Three Tuns Lane
Upper Dublin, PA 19002
Date Amount
06/18/93 1.44
06/28/93 .16
06/30/93 1.12
07/16/93 1.08
07/22/93 1.92
08/27/93 2.52
09/18/93 .80
11/10/93 1.44
12/05/93 .80
01/06/93 .32
Amount Date Amount
.16 06/15/93 .32
.32 06/22/93 1.12
.16 06/28/93 .32
.80 07/06/93 12.34
.32 07/19/93 36.27
4.32 08/05/93 5.67
4.68 09/10/93 1.44
5.67 09/30/93 .30
1.44 11/28/93 .80
1.12 12/19/93 .96
.32
$19.31 $ 59.54
(215)579 -7422
Date Amount Date
01/27/93 .36 01/27/93 .72
01/27/93 2.88 02/06/93 .48
02/08/93 .72 02/20/93 .32
02/23/93 1.44 02/24/93 1.08
02/24/93 .36 02/25/93 1.08
03/03/93 .16 03/04/93 1.44
03/09/93 1.44 03/09/93 .36
03/10/93 3.52 03/24/93 .36
03/28/93 .48 03/31/93 .72
04/10/93 .16 04/10/93 .48
04/15/93 .72 04/15/93 1.08
04/16/93 5.04 04/16/93 1.80
04/19/93 1.08 04/23/93 1.44
05/26/93 6.48 05/26/93 .72
05/26/93 .36 05/27/93 2.52
05/27/93 .16 05/27/93 .64
06/15/93 .16 06/17/93 1.80
06/18/93 .72 06/21/93 .72
11/20/93 .16
11/20/93 .96
$19.08
GRAND TOTAL
GRAND TOTAL
$ 22.56
$63.77
Amount Date Amount
01/27/93 .36
02/6/93 .48
02/20/93 .16
02/24/93 .36
02/27/93 .16
03/04/93 .36
03/09/93 .36
03/25/93 .72
04/01/93 1.08
04/15/93 .36
04/15/93 .36
04/16/93 .16
05/22/93 .16
05/26/93 .36
05/27/93 1.44
06/01/93 .36
06/18/93 1.44
06/22/93 .36
$11.60
$ 90.45
Service Listed To: Cobra Technologies
108 Corporate Drive
Middletown, PA 18940
Servis, 96- 027 -C2
Page 12
06/14/93 1.26
07/08/93 .16
07/12/93 .36
07/26/93 .72
09/03/93 5.04
09/12/93 1.12
09/28/93 .36
10/22/93 .36
10/25/93 .48
11/10/93 .72
11/16/93 2.16
12/09/93 6.84
12/10/93 .36
12/20/93 .72
12/23/93 1.44
01/06/94 .64
01/14/94 .36
01/21/94 .36
02/06/94 .16
02/16/94 2.88
02/20/94 .16
02/28/94 1.44
03/15/94 .36
TOTAL $ 54.70
Number:
Date
07/27/93
08/11/93
09/28/93
10/13/93
11/08/93
02/21/94
03/09/94
TOTAL
J•
Number:
(215)943 -6062 Service Listed To:
Amount Date Amount Date Amount
. 36 08/05/93 6.24 08/10/93 .32
.16 08/11/93 .16 08/25/93 2.52
2.52 10/02/93 .32 10/09/93 1.60
. 96 10/26/93 .72 11/04/93 .16
1.12 12/01/93 .16 12/01/93 1.44
2.24 03/07/94 .16 03/07/94 1.92
2.16
$9.52 $7.76 $7.96
GRAND TOTAL $25.24
(215)750 -9333
06/25/93
07/08/93
07/23/93
07/26/93
09/03/93
09/21/93
09/28/93
10/23/93
10/25/93
11/12/93
11/19/93
12/09/93
12/18/93
12/20/93
12/25/93
01/10/94
01/16/94
01/23/94
02/09/94
02/18/94
02/25/94
03/04/94
.72
.96
.36
1.44
1.44
6.12
.36
.32
.48
1.28
. 36
2.88
.48
.32
. 96
7.92
.16
3.68
.16
. 80
. 36
7.92
$ 57.40
06/28/93
07/09/93
07/26/93
08/11/93
09/10/93
09/27/93
10/09/93
10/23/93
11/06/93
11/13/93
11/30/93
12/10/93
12/19/93
12/21/93
01/05/94
01/12/94
01/16/94
01/21/94
02/15/94
02/20/94
02/27/94
03/13/94
GRAND TOTAL
.72
2.16
1.08
2.16
2.16
.16
. 64
. 32
.16
.16
.16
. 36
.16
.36
. 36
2.52
.16
.72
.36
.16
.16
.48
$ 24.72
$136.82
James Duffy
23 Goldengate Road
Bristol, PA 19057
Service Listed To: Its About Time
2300 E. Lincoln Highway
Oxford Valley Mall
Langhorne, PA 19047
Servis, 96- 027 -C2
Page 13
Date Amount Date Amount Date Amount
09/08/93 .36 09/08/93 1.28 09/16/93 .64
09/16/93 .16 09/18/93 .16 09/19/93 1.60
09/23/93 .32 09/10/93 12.46 09/11/93 3.40
09/28/93 3.68 10/01/93 .16 10/02/93 .16
10/02/93 .16 10/18/93 .16 11/19/93 .16
11/20/93 .16 11/21/93 .32 11/28/93 .64
12/09/93 1.12 01/05/94 1.12
TOTAL $5.96 $ 15.66 $6.60
GRAND TOTAL $28.22
k.
Number (215)547 -6576 Service Listed To: Marie Lebron
135 Trenton Road
Apt. E21
Fairless Hills, PA 19030
Date Amount Date Amount Date Amount
02/04/93 .32 03/10/93 .36 03/12/93 .32
03/12/93 .16 04/03/93 .16 04/15/93 1.80
04/21/93 1.08 05/24/93 1.80 06/17/93 .36
06/22/93 .36 07/28/93 .32 08/20/93 .72
09/23/93 .36 09/28/93 1.44 10/01/93 .36
10/01/93 .72 10/01/93 .36 10/25/93 .48
11/01/93 .36 11/01/93 .36 12/07/93 .16
12/16/93 .36 12/23/93 2.88 12/23/93 .32
12/28/93 .16 02/09/94 .72 02/11/94 .36
02/12/94 .16 02/18/94 .36 02/23/94 .36
02/24/94 .36 02/24/94 .16 02/25/94 1.44
03/04/94 .72
TOTAL $5.12 $8.92 $6.68
GRAND TOTAL $20.72
Number: (215)547 -5468 Service Listed To: Eric Scott Bradfield
201 S. Woodbourne Rd.
Apt. F32
Levittown, PA 19056
Date Amount Date Amount Date Amount
03/13/93 .16 03/13/93 .16 04/04/93 3.20
04/04/93 .16 04/04/93 .16 05/24/93 1.08
05/25/93 .36 05/25/93 1.80 05/24/93 .72
06/01/93 .72 06/02/93 .72 06/02/93 1.08
06/02/93 1.76 06/02/93 .16 06/09/93 .36
06/09/93 1.44 06/23/93 1.80 05/28/93 3.47
05/28/93 6.79 05/30/93 1.14 05/30/93 1.14
05/31/93 1.14 05/31/93 1.25 05/31/93 1.16
Servis, 96- 027 -C2
Page 14
05/31/93 6.92 06/05/93 1.14 06/06/93 2.14
06/25/93 6.92 11/05/93 .36 11/10/93 .16
11/12/93 .16 11/13/93 2.24 11/16/93 .48
11//28/93 .16 11/29/93 .36 12/01/93 .36
12/01/93 1.08 12/14/93 1.80 12/23/93 1.08
12/24/93 .16 12/28/93 1.44 12/30/93 2.16
TOTAL $ 27.93 $14.53 $18.59
GRAND TOTAL $61.05
m.
Number: (215)637 -5544 Service Listed To: Barbara Capponi
3738 Vale Lane
Phila. PA 19114
Date Amount Date Amount Date Amount
12/08/93 .36 12/12/93 .16 12/15/93 .36
12/16/93 .32 12/18/93 3.36 12/19/93 .32
12/19/93 .64 12/20/93 .36 12/23/93 .36
12/29/93 1.60 12/30/93 .32
TOTAL $ 2.92 $4.20 $ 1.04
GRAND TOTAL $8.16
n.
Number: (609)263 -6327 Service Listed To: D. Watson
113 S. Commonwealth Ave
Strathmire NJ 08248
Date
06/25/93 2.14
07/18/93 2.12
07/30/93 4.00
09/06/93 1.06
TOTAL $9.32
o.
Amount Date Amount Date Amount
07/04/93 2.06
07/18/93 1.06
08/27/93 2.12
$ 5.24
07/1793 1.06
07/18/93 1.01
08/28/93 5.30
$ 7.37
GRAND TOTAL $21.93
Number: (609)368 -0736 Service Listed To: Lynn Milardo
2nd Floor Rear
347 Dune Drive
Stone Harbor, NJ 08247
Date Amount Date Amount Date Amount
08/07/93 .16 08/07/93 1.12 08/12/93 1.26
08/12/93 3.16 08/28/93 2.12. 08/28/93 2.12
08/28/93 5.24 08/28/93 2.01 08/28/93 2.12
TOTAL $8.56 $5.25 GRAND TOTAL $19.31
Servis, 96- 027 -C2
Page 15
P.
Number: (609)368 -8540 Service Listed To: Robert Leipziger
Unit B
1619 Ocean Drive
Avalone, NJ 08202
Date Amount Date Amount Date Amount
07/10/93 1.06 07/26/93 4.22 08/02/93 1.14
08/21/93 1.14 08/21/93 1.14 8/22/93 1.06
09/05/93 5.30
TOTAL $ 7.50 $ 5.36 $2.20
GRAND TOTAL $15.06
q.
Number: (609)770 -8435 Service Listed To: Trina Barrett
64 -6 Van Buren Road
Vorhes Twp. NJ
Date Amount Date Amount Date Amount
01/27/93 .80 03/03/93 .80 06/03/93 3.60
06/04/93 .36 06/17/93 .36 07/15/93 .32
08/23/93 .48 08/24/93 .24 08/24/93 .16
08/25/93 .36 08/26/93 .36 08/26/93 .26
08/26/93 .26 09/10/93 .72 09/10/93 4.16
09/18/93 2.08 09/18/93 .32 09/18/93 .96
11/19/93 .32 11/27/93 1.12 12/31/93 .48
12/31/93 .32 12/31/93 .32
TOTAL $4.98 $4.24 $9.94
GRAND TOTAL $19.16
r.
Number: (212)247 -5000 Service Listed To: Americani Hotel
New York City
Date Amount Date Amount Date Amount
06/08/93 .50 06/08/93 1.00 06/08/93 .50
06/08/93 5.00 06/11/93 5.54
TOTAL $ 5.50 $ 6.54 $ .50
GRAND TOTAL $12.54
s.
Number: (803)448 -2856 Service Listed To: Myrtle Beach SC
Date Amount Date Amount Date Amount
03/23/93 5.00 03/24/93 3.19 04/08/93 .50
Servis, 96- 027 -C2
Page 16
04/08/93 1.00 04/10/93 .48
TOTAL $6.00 $3.67 $.50
GRAND TOTAL $10.17
30. Servis received a private pecuniary benefit when the borough paid for private
cellular telephone calls placed as follows:
a. (215) 945 -5130 $ 24.00
b. (215) 945 -6390 $ 40.36
c. (215) 547 -6923 $164.28
d. (215) 785 -8762 $ 44.76
e. (215) 368 -9681 $ 63.98
f. (215) 949 -2392 $ 63.77
g. (215) 646 -3877 $ 90.45
h. (215) 579 -7422 $136.82
i. (215) 943 -6062 $ 25.24
j. (215) 750 -9333 $ 28.22
k. (215) 547 -6576 $ 20.72
I. (215) 547 -5468 $ 61.05
m. (215) 637 -5544 $ 8.16
n. (609) 263 -6327 $ 21.93
o. (609) 368 -0736 $ 19.31
p. (609) 368 -8540 $ 15.06
q. (609) 770 -8435 $ 19.16
r. (212) 247 -5000 $ 12.54
s. (803) 448 -2856 $ 10.17
TOTAL $869.98
31. After council voted on April 5, 1994, to cancel the cellular contracts a Comcast
Metrophone bill dated April 23, 1994, for account number 91582775, was
submitted for payment to council.
a. The bill covered the period from 03/24/94 to 04/23/94, in the amount of
$142.77.
Servis, 96- 027 -C2
Page 17
b. The bills covered telephone numbers (215) 290 -9160 and (215) 808-
0691.
32. The Comcast bill was approved for payment by borough council on June 7,
1994.
a. Servis was present and participated in the vote.
33. The payment of this bill was for calls made subsequent to Bryan Servis
changing this account to his private residence. (See Finding No. 36)
a. A majority the calls were made after council voted on April 5, 1994, to
cancel the Comcast Metrophone contract and ordered the cellular phones
returned to council. (See Finding No. 41).
34. Servis received a private pecuniary benefit of $142.77 when the borough paid
his cellular telephone bill after voting on April 4, 1992, to discontinue service.
(See Findings No. 49 and 50).
35. Total private pecuniary benefit realized by Bryan Servis for the use of cellular
telephone is as follows:
a. Finding Nos. 31 and 32 - personal calls paid for by borough. $869.98
b. Finding No. 36 - personal bill paid for by borough. $ 142.77
TOTAL $ 1,012.75
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Bryan Servis, hereinafter
Servis, has been a public official /public employee 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, et seq.
The issue before us is whether Servis, as a Councilman in Tullytown Borough,
Bucks County, violated Section 3(a) of the Ethics Law as to the allegation that he used
the authority of his office for a private pecuniary benefit by contracting to obtain a
cellular telephone for his personal use at borough expense without the approval of
council, and when he used the cellular telephone for personal calls and subsequently
approved payments of bills for said calls, including but not limited to approving
invoices, voting to pay bills and signing checks.
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
Servis, 96- 027 -C2
Page 18
65 P.S. §402.
facts.
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.
Having noted the issues and applicable law, we shall now summarize the salient
Servis has been a Member of Tullytown Borough Council since January 7, 1992
and Council President from January 7, 1992 to April 5, 1994 and from January 2,
1996 to August 6, 1996.
In January, 1993, Servis as Council President entered into a contract with
Comcast Metrophone (CM) to lease two cellular telephones for the Borough. Servis
retained one of the telephones for his personal use and gave the other telephone to the
Police Department for its use. In July, 1993, Servis entered into a second agreement
with CM for two additional cellular telephones. As to the two additional telephones,
Servis similarly retained one of the telephones for his own use and turned over the
second telephone to the Police Department.
Both of the lease agreements between Servis as a Borough official and CM were
not discussed at Council meetings nor approved by a vote of Council. Tullytown
Borough had no policy governing the acquisition and use of cellular telephones by
Borough officials or employees. CM billed the Borough on a monthly basis for the
cellular telephone service as per the agreements with Servis.
All invoices received from vendors of the Boroughs are put into lists for
Council's review and approval. Council President initially reviews and initials vendors
invoices which are then placed in a Treasurer's report that is prepared to submit to
Council for approval. Servis, while serving as Council President, reviewed and
approved vendor invoices including those from CM for cellular telephone service. The
specific actions that Servis took as Council President, including initialing bills, signing
purchase orders, voting approvals, and signing checks, for CM cellular telephone
service are delineated in Fact Findings 13 -15.
At the September and October, 1993 Council meetings, Council Member James
Chase questioned the CM bills. At the October Council meeting, Chase made a motion
that the Borough be reimbursed for all monies paid for use of the cellular telephones
but the motion failed in a 3 -2 vote with Servis abstaining. Servis asserted that the
telephones were not purchased for the Borough and were owned by each individual.
Council contacted the Borough Solicitor about the cellular telephone usage and he
opined that the cellular telephones were not an issue because they were not
purchased. The only matter in issue according to the Solicitor was whether payments
Servis, 96- 027 -C2
Page 19
of the cellular telephone service bills were approved by a majority of Council and
whether reimbursements were made for any private calls.
In March of 1994, Servis revised the agreements with CM to change telephone
numbers. Servis also changed the billing information on one account to read Tullytown
Borough to the attention of Servis at his home address. The billing location for the
other account remained with Tullytown Borough at the municipal building address.
In April, 1994, after Borough Council voted to cancel the cellular telephone
service, Servis did not return the cellular telephones to the Borough and retained the
telephones for his personal use. Servis was questioned by Borough Council Members
about his cellular telephone usage at Borough expense. Servis informed Council
Members that he would reimburse the Borough for such costs and told one Council
Member that he would pay $300 to the Borough Treasurer, even though no payment
was ever made by Servis. Servis maintained one account with CM until January of
1996 when the service was canceled for non - payment of bills.
During the years 1993 and 1994, Servis made various personal calls on the
cellular telephones at Borough expense. The particulars as to such personal telephone
calls by Servis, consisting of the call dates, the charges, and the parties called, are
delineated in Fact Finding 29. Servis's personal calls are set forth on a "number
called" basis in Fact Finding 30. The private pecuniary benefit that Servis received as
to the personal telephone calls amounted to $869.98. Fact Finding 30.
Even after the April, 1994 Council vote to cancel the cellular telephone service
with CM, a bill in the amount of $142.77 was submitted to Council which was
approved for payment with Servis participating in that vote. That bill reflected the
payment for cellular telephone calls made by Servis after he changed the billing
address of the Borough account to his private residence with the majority of the calls
being made after Council voted to order the cellular telephones returned to Council.
As to the personal use of the cellular telephone service, Servis received a
pecuniary benefit at Borough expense in making personal calls on the cellular
telephones and in making certain calls after the April 4, 1994 vote by Council to
discontinue service. The total private pecuniary benefit received by Servis was
$1,012.775. Fact Finding 35.
Having summarized the above relevant facts, we must now determine whether
the actions of Servis 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 /public 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.
We find no violation of Section 3(a) of Act 9 of 1989 regarding the contract by
Servis for Borough - provided cellular telephone for official use and purposes. Under
such parameters, there would be no private pecuniary benefit to Servis because the
service was to be only for official business of the Borough. Hafer, Opinion 90 -013.
However, we do find violations of Section 3(a) of Act 9 of 1989 when Servis used the
Borough cellular telephone service for personal use. There was a use of authority of
office on the part of Servis because he could not have made such personal calls but
for the fact that he was a Council Member and President of Borough Council. See,
Servis, 96- 027 -C2
Page 20
Juliante, Order No. 80. There was also a use of authority of office by Servis in
participating in approving the cellular telephone service payments as well as signing
the checks payable to CM. Perino, Order 980. The use of authority of office on the
part of Servis resulted in a pecuniary benefit to him consisting of the cellular telephone
service which he used for personal purposes at Borough expense. The pecuniary
benefit was private because there is no provision in law which authorizes the use of
a government -paid cellular telephone for non - official uses. The private pecuniary
benefit enured to Servis. Hence, Servis violated Section 3(a) of Act 9 of 1989 when
he used the Borough -paid cellular telephone for personal use. See, Eck, Order 787.
The private pecuniary benefit received by Servis as to the use of the cellular telephone
was $1,012.75.
Turning to the matter of restitution, 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 /public employee has obtained a financial gain in
violation of the Ethics Law. In this case, since it has been determined that the
financial gain amounted to $ 1,012.75, restitution of $1,012.75 by Servis is
warranted. Therefore, Servis is directed to make payment of $ 1,012.75 within 30
days of the date of issuance of this Order through this Commission to Tullytown
Borough. 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.
Lastly, we note that the parties have filed a Stipulation of Findings and Consent
Agreement which sets forth a proposed resolution of the allegations. We believe that
the Consent Agreement is the proper disposition for this case based upon our review
as reflected in the above analysis and the totality of the facts and circumstances.
IV. CONCLUSIONS OF LAW:
1. Bryan Servis (Servis), as a Councilman in Tullytown Borough, is a public official
subject to the provisions of Act 9 of 1989.
2. Servis did not violate Section 3(a) of Act 9 of 1989 when he used the authority
of office to obtain Borough cellular telephone service for official use.
3. Servis violated Section 3(a) of Act 9 of 1989 when he used the authority of
office to obtain a private pecuniary benefit for himself by using Borough cellular
telephones for his personal use at Borough expense and by signing Borough
checks, voting to pay bills, and approving invoices for such personal cellular
telephone calls.
In Re: Bryan Servis
ORDER NO. 1060
File Docket: 96- 027 -C2
Date Decided: 8/14/97
Date Mailed: 8/26/97
1. Bryan Servis (Servis), as a Councilman in Tullytown Borough, did not violate
Section 3(a) of Act 9 of 1989 when he used the authority of office to obtain
Borough cellular telephone service for official use.
2. Servis violated Section 3(a) of Act 9 of 1989 when he used the authority of
office to obtain a private pecuniary benefit for himself by using Borough cellular
telephones for his personal use at Borough expense and by signing Borough
checks, voting to pay bills, and approving invoices for such personal cellular
telephone calls.
3. As per the Consent Agreement of the parties, Servis is directed to make
payment in the amount of $1,012.75 through this Commission to Tullytown
Borough within 30 days of the issuance of this Order. 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,
DANEEN E. REESE, CHAIR