HomeMy WebLinkAbout1094 VeshioIn Re: Nick J. Veshio
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket:
X -ref:
Date Decided:
Date Mailed:
Before: Daneen E. Reese, Chair
Austin M. Lee, Vice Chair
Allan M. Kluger
Julius Uehlein
Louis W. Fryman
John J. Bolger
Frank M. Brown
97- 036 -C2
Order No. 1094
10/8/98
10/2098
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 seq., 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. The record is complete. 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.
Veshio, 97- 036 -C2
Page 2
I. ALLEGATION: That Nick Veshio, a public official /employee in his capacity
as a Supervisor for Aleppo Township, Allegheny County, violated Sections 3(a), 3(f),
and 4(a) of the Ethics Law when he used the authority of his office for a private
pecuniary benefit by utilizing Township employees, as well as Township supplies,
facilities and equipment, to perform services on his home, property, and vehicles;
when he failed to file Statements of Financial Interests for the calendar years 1994,
1995, and 1996; and when he contracted to lease a backhoe to the Township from
1993 through 1995 and 1997 through 1998 without an open and public process.
II. FINDINGS:
1. Nick James Veshio is employed as the Supervisor of Public Works for
Aleppo Township, Allegheny County.
a. Veshio was hired as Public Works Supervisor in 1979 by the
Aleppo Township Board of Supervisors (Supervisors).
2. Veshio had been employed by Aleppo township as a subcontractor from
the late 1940's until 1979 to perform labor related duties.
a. Veshio is also the owner of Nick Veshio Excavating & Paving
Company.
3. Veshio has served as Chairman of the Aleppo Township Water Authority
since the late 1960's.
4. As Public Works Supervisor for the township, Veshio supervises the daily
activities of the Aleppo Township Public Works employees.
a. Veshio has the authority to direct the employees as to what work
they perform each day.
b. Veshio has been authorized by the Supervisors to purchase
materials needed for projects undertaken by Public Works, with
township money.
5. Veshio is also employed as Public Works Supervisor for the Water
Authority.
a. He has held this position since the 1960's.
b. Veshio has the authority to use the township Public Works
Employees for work involving the Authority.
c. The township bills the authority for hours worked by township
employees.
6. Nick Veshio is a salaried employee of both Aleppo Township and the
water authority.
7. Half of Veshio's salary is paid by the township and half is paid by the
Authority.
a. For the calendar years 1994 -1997, W -2 forms confirm Nick
Veshio was paid by Aleppo Township $18,259.80, $20,310.50,
$21,350.50, and $22,241.54, respectively.
Veshio, 97- 036 -C2
Page 3
b. For the calendar years 1994 -1997, Nick Veshio was paid by the
Aleppo township Authority, $ 17,856.00, $ 18,744.00,
$19,488.00, and $20,268.00, respectively.
8. Veshio has direct supervisory authority over township employees
Kenneth Cox and James Berkley.
a. This would include work performed for both the township and the
authority.
9. James Berkley worked for the Aleppo Township as a road worker from
1990 until April 18, 1997.
10. Kenneth Cox has worked for Aleppo Township as a Public Works
employee for the past thirteen years.
11. Cox and Berkley's responsibilities as road workers were the repair,
maintenance, and upkeep of township property.
a. Their responsibilities included, but were not limited to, cutting
grass on township property; repairing township equipment; snow
removal; road chipping; painting township property; cleaning
township property; patching township roads, and other duties as
assigned.
12. Prior to 1995, Cox and Berkley's work hours were from 8:00 a.m. to
4:30 p.m.
a. On April 8, 1995, Cox and Berkley's hours changed to 7:00 a.m.
to 3:00 p.m.
b. Cox and Berkley received a '/2 hr. lunch.
13. Cox and Berkley's rate of pay was as follows:
a. 1993 - $8.00 /hr
b. 1994 - $8.00 /hr
c. 1995 - $9.00 /hr
d. 1996 - $9.50 /hr
e. 1997 - $9.98 /hr
14. Veshio resides at 145 Veshio Drive in Aleppo Township.
a. Veshio Drive is a short dead -end township road off of Weber Road.
15. The land encompassing Veshio Drive was at one time owned by Nick
Veshio.
a. Veshio subdivided the land into Tots and sold them for housing
sites.
b. There are seven houses along Veshio Drive.
Veshio, 97- 036 -C2
Page 4
16. Veshio's house is located at the end of Veshio Drive at the cul -de -sac.
17. Veshio owns the land at the end of Veshio Drive extending down to
Weber and Glenn Mitchell Road.
a. This property is partly wooded and partly clear.
18. Cox and Berkley, as directed by Veshio, would dump left over township
material such as stone, dirt and brush on part of Veshio's property which
extends to Glen Mitchell Road.
a. The workers commonly refer to this area as the dump.
19. This leftover material is used as fill.
a. This material is covered with topsoil and seed.
20. From at least 1987 until 1997, Veshio directed Aleppo Township Public
Works employees to perform labor related duties in or around his personal
property located on Veshio Drive and the area extending to Weber and
Glen Mitchell Road.
a. Both Cox and Berkley, since the time they started working for the
township, have done personal work for their Supervisor Nick
Veshio on his property, while being paid by Aleppo Township.
21. Types of duties performed for Veshio by township employees Kenneth.
Cox and James Berkley included the following:
a. Cut grass every two to three weeks, built a landscape timber,
patched roof, removed rug, replace garage Tamp, clean garage and
blow leaves off ground.
22. Berkley's work log confirmed the following regarding personal work
performed for Veshio in 1994.
Date Description of Work
04/18/94 Worked at Veshio's
house pulling stumps
04/21 /94 Worked at Veshio's
house pulling stumps
04/22/94 Worked at Veshio's
house pulling stumps
04/26/94 Worked in Veshio's
yard, put fountain
together
05/05/94 Digging in tap for
Veshio's sewer line
05/06/94 Digging in tap for
Veshio's sewer line
05/18/94 Worked in Veshio's
garden.
05/27/94 Washed Veshio's
van
08/05/94 Put in water line from
Hours Number of
Worked
2.5 1
3.0 1
3.0 1
.5 2
2.0 2
1.0 2
2.0 1
1.5 2
Workers Rate Of Pav Total
8.00 /hr $20.00
8.00 /hr 24.00
8.00 /hr 24.00
8.00 /hr
8.00 /hr
8.00 /hr
8.00 /hr
8.00 /hr
8.00
32.00
16.00
16.00
24.00
Veshio, 97- 036 -C2
Page 5
Veshio's garage to
son's house 3.0 1 8.00 /hr 24.00
Washed Veshio's van 3.0 2 8.00 /hr 48.00
Worked in Veshio's
yard 4.5 1 8.00 /hr 36.00
Worked in Veshio's
yard 4.5 1 8.00 /hr 36.00
Put in water line from
Veshio's garage to son's
house and also fixed wall
outside garage 8.0 2 8.00 /hr 128.00
Raked topsoil in Veshio's
yard - 4.0 1 8.00 /hr 32.00
Put in water line from
Veshio's garage to
son's house 8.0 2 8.00 /hr 128.00
Washed Veshio's van 3.0 1 8.00 /hr 24.00
Planted trees in Veshio's
yard 4.0 1 8.00 /hr 32.00
Planted trees in Veshio's
yard 2.5 1 8.00 /hr 32.00
Cut down a tree in Veshio's
yard 1.5 1 8.00 /hr 12.00
Planted shrubs and cut up
tree in Veshio's yard 5.5 1 8.00 /hr 44.00
67.Ohrs. $74000
23. Cox and Berkley were directed to do this work by Veshio.
24. Veshio was present when Cox and Berkley completed the various jobs
outlined in Finding No. 22.
25. Veshio was paid by the Aleppo Township and Aleppo Water Authority for
the dates listed above.
08/17/94
09/01/94
09/02/94
10/05/94
10/13/94
10/18/94
10/19/94
10/21/94
10/24/94
10/26/94
10/28/94
26. Berkley ceased keeping his own personal log in December of 1994, of the
work he and Cox did for Veshio.
27. On October 14, 1996, Veshio had an omnistone sidewalk and versi lock
wall installed at his residence.
a. AveIli Construction started the job on that date and concluded on
October 18, 1996.
28. Veshio directed Cox and Berkley to remove an existing sandstone wall to
make room for the new omnistone wall.
a. This occurred prior to October 14, 1996.
b. Cox and Berkley were paid by the township for the time they
spent tearing down Veshio's wall.
c. The time spent doing this is estimated at four hours for each
employee.
d. Cox and Berkley's rate of pay was $9.50 /hr.
Veshio, 97- 036 -C2
Page 6
e. Cox and Berkley were paid a total of $76.00 by the township for
tearing down Veshio's wall.
29. After tearing down Veshio's wall, Veshio directed Berkley and Cox to use
the Water Authority jackhammer to break up and remove his old concrete
sidewalk.
a. Cox and Berkley were paid by the township for the time they
spent breaking up Veshio's sidewalk.
b. The time Berkley and Cox spent breaking up Veshio's sidewalk
was three hours for each employee.
c Berkley and Cox were paid $9.50 /hour or a total of $57.00 by the
township to break up Veshio's sidewalk.
30. Average rental rate for an air powered jackhammer and compressor in the
area of Aleppo Township is $140.00 per day minimum.
a. Veshio did not compensate the water authority for the use of the
jackhammer.
31. On October 14, 1996, the day AveIli Construction started constructing
Veshio's wall and sidewalk, Veshio sent Berkley, to Neville Aggregates
for limestone to be spread on township roads.
32. Berk!ey made five trips to Neville Aggregates on October 14, 1996.
a. The average limestone Toad was 7.97 tons.
33. Veshio directed Berkley to start spreading limestone on the Manor
Sewage Plant Road.
34. Berkley, on orders from Veshio, dumped two of these loads of limestone
behind Veshio's garage.
35. The average cost of two of the loads Berkley picked up from Neville
Aggregates on October 14, 1996, was $87.31 per load.
a. Total price for two Toads was $174.62.
36. At the November 19, 1996 Aleppo Township Authority Board meeting,
a $522.00 bill was paid by the Authority to Neville Aggregates.
a. Included in this amount were the five trips to Neville Aggregates
by Berkley on the 14th of October, 1996.
b. Check #1155 was issued to Neville Aggregates from the authority
account for payment of the bill.
c. On the invoice written in ink next to the check number is "Manor
S Plant Pave Road ".
37. The total cost for use of the employees to work at Veshio's property and
use of the authority equipment and township material was as follows:
Veshio, 97- 036 -C2
Page 7
a. Township employees labor: $ 76.00
(See Finding No. 28) $ 57.00
$ 133.00
b. Jackhammer: $ 140.00
(See Finding No. 30)
c. Limestone: $ 174.62
(See Finding No. 35) $ 447.62
38. On April 18, 1997, Nick Veshio privately contracted John Trapp and his
hi -lift to clear trees on Veshio's property.
39. On Friday, April 18, 1997, Ken Cox and Jim Berkley reported to work at
7:00 a.m.
40. Berkley was called by Veshio and directed to take the township chain
saw and go in the water authority truck to Veshio Drive.
41. Berkley and Cox arrived and met John Trapp at about 7:30 a.m.
42. Veshio arrived in his backhoe and told Berkley and Cox to assist Trapp in
clearing trees and brush.
a. Cox and. Berkley used a township chain 'saw to cut up trees and
Trapp pushed them into a pile.
b. The work began at 8:00 a.m.
43. Berkley and Cox spent approximately four hours (7:00 a.m. to 11:00
a.m.) working on Veshio's property.
44. Nick Veshio asserts that the township utilized his property as a dumping
site and as a result, any work conducted thereon by township employees
was part of their official duties.
45. Not all township officials agree with this position.
46. The cost was as follows for using township employees Kenneth Cox and
James Berkley to complete the following projects and /or work around his
personal property, during 1995 -1997.
Description of Work Hours Workers Pay Rate Total
Tearing down Veshio's old
stone wall in October, 1996 4 2 9.50 /hr $ 76C0
Break up side walk in preparation
of new omnistone wall 3 2 9.50 /hr $ 57W
Building of landscape timber
wall 8(2 days)2 9.00 /hr $ 288E0
Patch Veshio's roof 1.5 1 9.00 /hr $ 1390
Tear up carpet at Veshio's
residence 1 2 9.00 /hr $ 18C0
Installed light above Veshio's
garage .5 1 9.00 /hr $ 4
TOTAL $ 457C0
Veshio, 97- 036 -C2
Page 8
47. From at least 1992 until the present, Nick Veshio has leased a backhoe
to the township at a monthly fee ranging between $150 and $250.
a. Veshio uses the backhoe for any township work as required by the
task.
48. From January 1992 through December 1995, Veshio was paid $150 per
month for leasing his backhoe to the township.
49. In December 1995, the township sought quotes for backhoe rental for
1996.
50. The township received three quotes for backhoe service in 1996.
a. Nick Veshio $250 /month - $3,000 /annual
b. A- Action Rental $250 /day - $750 /week
c. ARAUS Rentals $245 /day
51. On January 9, 1996, the township and Veshio entered into an agreement
for the backhoe rental for the period January 1, 1996, through December
31, 1996.
a. The lease called for a backhoe loader with operator for use in
winter maintenance and any other maintenance work that may
occur.
b. Veshio would carry insurance as needed.
52. During 1997 and 1998, Veshio continued to lease the backhoe to the
township at the rate of $250 /month.
a. The rental for 1997 and 1998 was done without quotes or bids
being sought.
b. No lease was approved by the board of supervisors.
53. The backhoe rental by Veshio to the township for 1993 through 1995
and 1997 and 1998 was done without an open and public process.
a. There was no open and public process, including prior public notice
and subsequent public disclosure of all proposals considered.
54. Veshio was compensated as follows by Aleppo Township for backhoe
rental for the years 1993, 1994, 1995, 1997 and 1998:
a. 1993 $150 /month for 12 months $ 1,800
1994 $150 /month for 12 months 1,800
1995 $150 /month for 12 months 1,800
1997 $250 /month for 12 months 3,000
1998 $250 /month for 5 months
(through May, 1998) 1,250
TOTAL $ 9,650
Veshio, 97- 036 -C2
Page 9
55. The total costs for using township equipment and employees for personal
purposes as delineated in the foregoing findings were as follows:
a. 1994 labor (Cox, Berkley)
(Finding No. 22) $ 740.00
b. October 1996 Labor (Cox, Berkley)
(Finding Nos. 28 & 29) $ 133.00
56. Nick Veshio, as Public Works Supervisor for Aleppo Township and
Aleppo Township Water Authority did not file Statements of Financial
Interests with the governing bodies for the 1994, 1995 and 1996
calendar years by May 1st of the following years.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Nick J. Veshio, hereinafter.
Veshio, has been a public official and 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, g1' seq.
The allegations are that Veshio, the Public Works Supervisor for Aleppo
Township, Allegheny County, violated Sections 3(a), 3(f), and 4(a) of the Ethics Law
when he used Township employees, supplies, facilities and equipment to perform
services on his home, property, and vehicles; when he failed to file Statements of
Financial Interests for the calendar years 1994, 1995, and 1996; and when he
contracted to lease a backhoe to the Township from 1993 through 1995 and 1997
through 1998 without an open and public process.
Section 3(a) of the Ethics Law provides:
Section 3. Restricted Activities
65 P.S. §403(a).
c. 1996 Jackhammer Rental
(Finding No. 30) $ 140.00
d. Limestone (Finding No. 35) $ 174.62
e. Labor 1995 -1997 (Finding No. 46) $ 457.00
TOTAL $1,644.62
(a) No public official or public employee shall
engage 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
Veshio, 97- 036 -C2
Page 10
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.
Section 3(f) of Act 9 of 1989 provides:
Section 3. Restricted activities
65 P.S. §403(f).
(f) No public official or public employee or his
spouse or child or any business in which the person or his
spouse or child is associated shall enter into any contract
valued at $500 or more with the governmental body with
which the public official or public employee is associated or
any subcontract valued at $500 or more with any person
who has been awarded a contract with the governmental
body with which the public official or public employee is
associated, unless the contract has been awarded through
an open and public process, including prior public notice and
subsequent public disclosure of all proposals considered and
contracts awarded. In such a case, the public official or
public employee shall not have any supervisory or overall
responsibility for the implementation or administration of the
contract. Any contract or subcontract made in violation of
this subsection shall be voidable by a court of competent
jurisdiction if the suit is commenced within 90 days of the
making of the contract or subcontract.
Section 3(f) of Act 9 of 1989 specifically provides in part that no public
official /public employee or spouse or child or business with which he or the spouse or
child is associated may enter into a contract with his governmental body valued at five
hundred dollars or more or any subcontract valued at five hundred dollars or more with
any person who has been awarded a contract with the governmental body with which
the public official /public employee is associated unless the contract is awarded through
an open and public process including prior public notice and subsequent public
disclosure.
Section 4. Statement of financial interests required to be
filed
(a) Each public official of the Commonwealth shall
file a statement of financial interests for the preceding
calendar year with the commission no later than May 1 of
each year that he holds such a position and of the year after
he leaves such a position. Each public employee and public
official of the Commonwealth shall file a statement of
financial interests for the preceding calendar year with the
department, agency, body or bureau in which he is
Veshio, 97- 036 -C2
Page 11
65 P.S. §404(a).
employed or to which he is appointed or elected no later
than May 1 of each year that he holds such a position and
of the year after he leaves such a position. Any other
public employee or public official shall file a statement of
financial interests with the governing authority of the
political subdivision by which he is employed or within
which he is appointed or elected no later than May 1 of
each year that he holds such a position and of the year after
he leaves such a position. Persons who are full -time or
part-time solicitors for political subdivisions are required to
file under this section.
Section 4(a) of the Ethics Law requires that each public official /public
employee must file a Statement of Financial Interests for the preceding calendar year,
each year that he holds the position and the year after he leaves it.
Having noted the issues and applicable law, we shall now summarize the
relevant facts.
In a public capacity Veshio is the Public Works Supervisor for Aleppo Township,
(Township), the Chairman of the Aleppo Township Water Authority (Authority), and
the Public Works Supervisor for the Authority. In a private capacity, Veshio is the
owner of Nick Veshio Excavating & Paving Company.
As the Public Works Supervisor for the Township, Veshio is responsible for
supervising the daily activities of the Township Public Works employees. Veshio as the
Public Works Supervisor for the Authority may use Township employees for work
involving the Authority. Veshio has direct supervisory authority over Kenneth Cox and
James Berkley, two Township employees who also perform work for the Authority.
The responsibilities of Cox and Berkley as road workers include the repair,
maintenance, and upkeep of Township property, such as cutting grass on Township
property, repairing Township equipment, removing snow, road chipping, painting
Township property, cleaning Township property, patching Township roads, and
performing other assigned duties.
Veshio owns land at the end of Veshio Drive where his residence is situated.
Cox and Berkley have been directed by Veshio to dump leftover Township materials
such as stone, dirt, and brush on Veshio's property. That area of Veshio's property is
referred to as a dump but the leftover materials are covered with topsoil and seeded.
From 1987 through 1997, Veshio directed Township employees, including both
Cox and Berkley, to perform Tabor- related services around his property on Veshio Drive.
Some of the services that Cox and Berkley performed as Township employees for
Veshio at his property involved cutting his grass every two or three weeks, building
a landscape timber [wall], patching his roof, removing a rug, replacing a garage Lamp,
cleaning his garage, and blowing leaves. Cox and Berkley were specifically directed to
do such work by Veshio who was present when the jobs were performed. The
specifics of the personal work done at Veshio's residence including the dates, the
descriptions of the work, the amounts of time expended, and the workers with rates
of pay are delineated in Fact Finding 22.
On October 14, 1996, Veshio sought to have an omnistone sidewalk and versi
lock wall installed at his residence. Since it was necessary to remove an existing
sandstone wall prior to such installation, Veshio directed Cox and Berkley to remove
Veshio, 97- 036 -C2
Page 12
the old wall. Cox and Berkley each spent four hours on the project. After Veshio's wall
was torn down, Veshio directed Cox and Berkley to use the Authority jackhammer to
break up and remove his existing concrete sidewalk. That activity involved three -hours
of Township -paid work for both Cox and Berkley. If Veshio had rented a air - powered
jackhammer and compressor rather than using the Authority equipment, he would have
paid $ 140 per day minimum for such a rental. Veshio did not compensate the
Authority for the use of its jackhammer.
On October 14, 1996, the day that construction started on Veshio's wall and
sidewalk, he sent Berkley to obtain limestone for spreading on Township roads.
Berkley made five trips for limestone and Veshio directed him to spread the limestone
on a certain road but also to dump two Toads behind Veshio's garage. The average
cost of two Toads of limestone amounts to $174.62. The Authority was billed $522
for the limestone, which bill was paid from its account. The total cost for employees
and the use of Authority equipment and materials relative to Veshio's personal wall
and sidewalk projects amounted to $447.62: $133 for Township labor, $140 for the
rental of a jackhammer, and $174.62 for limestone.
In April, 1997 Veshio privately contracted to have certain trees cleared on his
property. When Cox and Berkley reported to work on that date, Veshio directed them
to take the Authority truck and Township chainsaw to his property. Veshio arrived
with his backhoe and directed Cox and Berkley to assist with clearing the trees and
brush on his property. Berkley and Cox each spent approximately four hours working
on Veshio's property.
Veshio asserts that the Township utilized his property, as a dump site and as a
result, any work conducted by Township employees was part of their official duties.
However, not all Township officials agree with Veshio's position.
Some of the other activities that Cox and Berkley performed at Veshio's
residence are set forth in Fact Finding 46, which delineates the descriptions of the
work, the hours spent, and the number of workers with their pay rates.
From 1992 to the present, Veshio leased a backhoe to the Township at a
monthly fee of $150.and then $250. From January, 1992 through December, 1995
Veshio was paid $150 per month for leasing his backhoe to the Township. The
backhoe contract was not awarded through an open and public process. In 1996, the
Township sought and received three quotes for backhoe service. Veshio submitted a
bid for $250 per month, a second company submitted a bid for $250 a day, and a
third company submitted a bid of $245 per day. In January, 1996 the Township and
Veshio entered into an agreement for the backhoe rental for that year in the amount
of $3,000 annually, which was based upon the $250 monthly rental. However, during
the years 1997 and 1998, Veshio continued to lease the backhoe to the Township at
the rate of $250. That rental was done without bidding and without the approval by
the Board of Supervisors. The compensation that Veshio received for renting his
backhoe to the Township for the years 1993 to 1995, and 1997 to 1998 is delineated
in Fact Finding 54.
The financial gain received by Veshio, $1,644.62, is set forth in Fact Finding
55, and is broken down as follows: $740 for the labor of Township employees Cox
and Berkley for 1994; $133 for the labor of Cox and Berkley in October, 1996; $140
for the cost of renting a jackhammer in 1996; $174.62 for two Toads of limestone;
and $457 for labor between 1995 and 1997.
Veshio, 97- 036 -C2
Page 13
Lastly, Veshio as a municipal employee and official failed to file Statements of
Financial Interests (SFI's) with the governing bodies for the calendar years 1994
through 1996.
Having summarized the above relevant facts, we must now determine whether
the actions of Veshio violated Sections 3(a), 3(f), or 4(a) of Act 9 of 1989.
In applying the above provisions of Section 3(a) of the Ethics Law, a public
official /public employee is prohibited from using the authority of public
office /employment or confidential information received by holding such a public
position for the private pecuniary benefit of the public official /public employee himself,
any member of his immediate family, or a business with which he or a member of his
immediate family is associated.
The facts of this case reflect actions by Veshio which were uses of authority
of office. But for the fact that Veshio was the Township Public Works Supervisor, he
could not have directed Township employees to perform services at his home or at his
property during Township working hours and at Township expense. Juliante, Order
809. Such uses of authority of office resulted in a pecuniary benefit to Veshio in that
he did not have the out -of- pocket expenses of hiring employees, renting a jackhammer,
or buying limestone for the various work done on his property. The pecuniary benefit
was private because there is no provision in the Second Class Township Code which
allows a township employee to receive such financial gain. As noted, that private
pecuniary benefit inured to Veshio. Violations of Section 3(a) of Act 9 of 1989
occurred when Veshio used Township employees, supplies, and equipment to perform
services on his home and property.
Our decision in this case follows long- established precedent of this Commission
that public officials /employees may not use government facilities, equipment, or
personnel for private business activities, re- election activities, or for personal financial
gain. See, Lucchino, Order No. 1031; Rakowsky, Order No. 943; Metrick, Order No.
1037; Catone, Order 994
As to Section 3(f) of Act 9 of 1989, we find technical violations as to the
leasing of the backhoe by the Township from Veshio for the years 1993 through
1995, and 1997 through 1998. During that time there were leases by Veshio of the
backhoe to the Township which exceeded the $500 threshold amount of Section 3(f)
of the Ethics Law. However, unlike the calendar year 1996, there was no bid process
for the rental of the backhoe. Hence, such leases occurred without an open and public
process as required by Section 3(f) of Act 9 of 1989. We believe technical violations
to be appropriate given that Veshio rented the backhoe to the Township at a rate
substantially lower than the prevailing rate.
Regarding Section 4(a) of the Ethics Law, the facts establish that Veshio did
not file SFI's for the calendar years 1994 through 1996 which were due by May 1 of
each of the following respective years. Accordingly, Veshio violated Section 4(a) of the
Ethics Law by failing to file SFI's for the three calendar years 1994 through 1996.
Per the negotiated agreement of the parties, Veshio is directed to make payment
to Aleppo Township through this Commission in the total amount of $1,644.62 and
a payment of $550 to the Commonwealth of Pennsylvania, within 30 days of the
issuance of this order. Veshio also agrees to file SFI's for calendar years 1994 through
1996 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.
Veshio, 97- 036 -C2
Page 14
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. Veshio, as a Supervisor for Aleppo Township, Allegheny County, is a
public employee subject to the provisions of Act 9 of 1989.
2. Veshio violated Section 3(a) of Act 9 of 1989 when he used Township
employees, supplies, facilities and equipment, to perform services on his
home and property.
3. Technical violations of Section 3(f) of Act 9 of 1989 occurred when
Veshio entered into contracts to lease a backhoe to the Township for the
years 1993 through 1995 and 1997 through 1998, which contracts
were in excess of $ 500 and were not awarded through an open and
public process.
4. Veshio violated Section 4(a) of the Ethics Law when he failed to file
Statements of Financial Interests for the calendar years 1994 through
1996.
In Re: Nick J. Veshio
File Docket: 97- 036 -C2
Date Decided: 10/8/98
Date Mailed: 10/20/98
ORDER NO. 1094
1. Veshio, as the Public Works Supervisor for Aleppo Township, Allegheny
County, violated Section 3(a) of Act 9 of 1989 when he used Township
employees, supplies, facilities and equipment, to perform services on his home
and property.
2. Technical violations of Section 3(f) of Act 9 of 1989 occurred when Veshio
entered into contracts to lease a backhoe to the Township for the years 1993
through 1995 and 1997 through 1998, which contracts were in excess of
$500 and were not awarded through an open and public process.
3. Veshio violated Section 4(a) of the Ethics Law when he failed to file Statements
of Financial Interests for the calendar years 1994 through 1996.
4. As per the consent agreement of the parties, Veshio is directed to make
payment to Aleppo Township through this Commission in the total amount of
$1,644.62 and a payment of $550 to the Commonwealth of Pennsylvania,
within 30 days of the issuance of this order. Veshio is also directed to file the
Statements of Financial Interests for calendar years 1994 through 1996 within
30 days of the issuance of this order.
a. Compliance with the foregoing will result in_the closing of this
case with no further action by the Commission.
b. Non - compliance will result in the institution of an order
enforcement action.
BY THE COMMISSION,
661/)Aiko6 Pu I
DANEEN E. REESE, CHAIR