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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