HomeMy WebLinkAbout1103 FindleyIn Re: Robert C. Findley
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
Julius Uehlein
Louis W. Fryman
John J. Bolger
Frank M. Brown
Susan Mosites Bicket
This is a final adjudication of the State Ethics Commission.
97- 013 -C2
Order No. 1 103
12/15/98
12/29/98
Procedurally, the Investigative Division of the State Ethics Commission
conducted an investigation regarding a possible violation of the Public Official and
Employee Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 g fig., 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.
Effective December 15, 1998, Act 9 of 1989 was repealed and replaced by
Chapter 11, Act 93 of 1998, which essentially repeats Act 9 of 1989 and provides
for the completion of pending matters under Act 93 of 1998.
This adjudication of the State Ethics Commission is issued under Act 93 of
1998 and 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 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 Chapter 11 of
Act 93 of 1998. Any person who violates confidentiality of the Ethics Act is guilty of
a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not
more than one year. Confidentiality does not preclude discussing this case with an
attorney at law.
Findtev, 97- 013 -C2
Page 2
I. ALLEGATION: That Robert C. Findley, a public official /public employee, in
his capacity as a Supervisor for Providence Township, Lancaster County, violated
Sections 3(a) and 3(f), 65 P.S. § §403(a) and (f) of the State Ethics Law (Act 9 of
1989) when he used the authority of his office for the private pecuniary benefit of
himself, a member of his immediate family and /or businesses with which he and /or
members of his immediate family are associated when he participated in discussions,
actions or decisions of the Board of Supervisors to award a contract to his septic
cleaning company; when he participated in the payment of this company's invoices;
when he participated in discussions, actions and /or decisions of the Board of
Supervisors to award a contract in excess of $500 to an electrical contracting
company with which he and /or a member of his immediate family is associated
without an open and public process; when he directed snow plowing contracts to a
business with which he and /or a member of his immediate family is associated; when
he participated in actions to pay invoices from said companies; and when he
participated in discussions, actions and decisions resulting in a vehicle being purchased
by the township from his [son's] electrical business.
11. FINDINGS:
1. Robert Findley served as a supervisor for Providence Township, Lancaster
County, from January, 1986, through December, 1997.
a. Findley was appointed roadmaster from January, 1990, until
December, 1996.
b. Findley was appointed treasurer for 1995 and 1996.
2. As the treasurer for Providence Township one of Findley's duties was to
sign all checks issued by the township.
Robert Findley operates and owns a septic waste hauling business known
as Honey - Wagon.
4. Since at least 1992, Honey -Wagon has been providing septic system
cleaning services to Providence Township.
The Board of Supervisors did not advertise for bids or quotes to clean the
septic tank.
Bills were submitted as follows by Findley to the township for the work
that was completed under the name Honey - Wagon.
Invoice
Number Date
No Number 05/12/92
10060 03/94
00709 03/15/96
Amount
$135.00
$150.00
$155.00
Description of
Work
Septic Tank Cleaning
1,000 gallon septic tank
1,000 gallon septic tank
7. The following payments were made to Honey -Wagon and action was
taken by Findley as a supervisor to approve the payments as part of the
bill lists.
Findley, 97- 013 -C2
Page 3
8.
9.
10.
11.
Check
Number
11867
13303
14190
14625
14771
Findley signed all of the township checks .made payable to Honey -Wagon
in his capacity as supervisor and treasurer.
The payments made by Providence Township were deposited into a
Honey -Wagon account controlled by Robert Findley.
Robert Findley previously owned and operated a business known as R &
R Electrical Contracting.
a. The nature of the business was electrical contracting.
Robert C. Findley, Jr., son of Robert Findley, started a business known
as R & R Contracting and Electrical, Inc.
The business was incorporated on July 20, 1992.
Robert C. Findley, Jr., is the President, Secretary and Treasurer.
The principal business activity is electrical contracting services.
a.
b.
c.
Date of Amount of
Check Check
05/19/92 $ 135.00
04/04/94 $150.00
07/28/95 $150.00
03/08/96 $155.00
05/31/96 $150.00
TOTAL $740.00
Total
Meeting
Date
06/01/92
04/04/94
08/07/95
04/01/96
06/03/96
Action by Findley and
Vote to Approve Bill List
Second the Motion /3 -0
Made Motion /3 -0
Made Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
12. R & R Contracting and Electrical, Inc., has been providing electrical
services to Providence Township since at least 1992.
13. The Providence Township Board of Supervisors did not advertise for bids
or quotes on the work that was awarded to R & R Contracting and
Electrical, Inc.
14. The Board of Supervisors never took any official action to award any
business to R & R Contracting and Electrical, Inc.
15. The rates that Robert Findley, Jr., charged Providence Township for
electrical work was $35.00 per hour.
16. No attempts were made by Providence Township to use electrical
contractors other than Robert Findley, Jr.
17. R & R Contracting and Electrical, Inc., billed Providence Township the
number of occasions and in the aggregate amounts for the years noted:
Year No. of Times Services Rendered Total of Invoice
a. 1992 6
b. 1993 3
c. 1994 10
d. 1995 5
e. 1996 3
$ 2,079.94
$ 619.45
$ 7,025.88
$ 3,873.42
$ 741.02
$14,339.71
Findley, 97- 013 -C2
Page 4
18. On the following occasions, invoices from R &R Contracting and Electrical
Incorporated to Providence Township exceeded $500.
Invoice No.
50418
51103
01065
01086
01125
01231
01308
Date
50409 08/26/92
08/27/92
02/23/94
06/30/94
07/28/94
08/10/94
10/31/94
01/23/95
01711 01/26/96
19. The following payments were made to R & R Contracting and Electrical,
Inc., and action was taken by Findley as a supervisor to approve the bill
list which included payments made to R & R Contracting and Electrical.
Check Date of
Number Check
11892 06/01/92
11988 07/17/92
12016 08/03/92
12085 09/10/92
12566 02/01/93
12626 03/03/93
12803 07/07/93
13055 11/19/93
13144 01/14/94
13231 02/25/94
13429 06/06/94
13485 07/11/94
13556 08/12/94
13589 09/07/94
13638 10/03/94
13714 11/07/94
13765 12/05/94
13866 02/03/95
14018 04/18/95
14069 05/10/95
14467 12/28/95
14771 05/31/96
14567 02/09/96
14665 03/27/96
00124 08/29/96
TOTAL
Amount Description of Work
$ 1,041.78 Supply and install window
& doors
$ 608.11 Supply and install lights
$ 853.00 Supply and install
fluorescent fixtures
$ 1,300.00 Install new 200 amp service
$ 1,767.00 Installing pipe trucking stone
$ 886.60 Electrical work and trucking
$ 1,007.28 Hauling and gas pumps
$ 3,410.66 Installation of all electrical
wiring for fuel tanks, tar buggy &
lights on flag pole and sign
$ 560.00 Dump truck
Amount of
Check
$ 971.00
$ 140.00
$ 87.50
$ 1,777.44
$ 231.95
$ 107.50
$ 280.00
$ 608.00
$ 240.00
$ 853.00
$ 230.00
$ 1,300.00
$ 886.60
$ 418.00
$ 269.00
$ .1,007.28
$ 320.00
$ 3,410.66
$ 192.76
$ 200.00
$ 70.00
$ 150.00
$ 560.00
$ 75.00
$ 106.02
$14,491.71
Meeting
Date
06/01/92
08/03/92
08/03/92
10/05/92
02/01/93
04/07/93
08/02/93
12/06/93
02/07/94
03/07/94
06/06/94
07/11/94
09/07/94
09/07/94
10/03/94
11/07/94
12/05/94
02/06/95
05/01/95
06/05/95
12/27/95
06/03/96
03/04/96
04/01/96
09/03/96
Action by Findley and
Vote to Approve Bill List
Second the Motion /3 -0
Made Motion /3 -0
Made Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
Made Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
Made. Motion /3 -0
Made Motion /3 -0.
Made Motion /3 -0
3 -0
Made Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
Made Motion /3 -0
Made Motion /3 -0
3 -0
Second the Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
Second the Motion /3 -0
20. Robert Findley signed the township checks made payable to R & R
Contracting and Electrical, Inc., in his capacity as supervisor and
treasurer.
_Findley, 97- 013 -C2
Page 5
21. The payments made by Providence Township were deposited into an
account controlled by Robert Findley, Jr.
22. The profit made by R & R Contracting and Electrical, Inc., from the
business with the township was 15% of the total work.
a. Fifteen (15 %) of $14,491.71 = $2,173.75
23. During the winters of 1994 and 1996, Providence Township experienced
severe snow storms which required the hiring of outside contractors to
assist with the snow plowing.
24. Robert C. Findley, Jr., plowed snow for the township from 1994 through
1996 as a private contractor and as a township employee.
a. Other contractors were also utilized by the township.
25. No official action was taken by the Board of Supervisors to hire Robert
C. Findley, Jr.
26. Robert C. Findley, Jr.'s, rate of pay when plowing snow for the township
in 1994 was $12.35 per hour.
a. Robert C. Findley, Jr., charged the township an overtime rate of
$18.52 per hour and a double time rate of $24.70 per hour.
b. Robert C. Findley, Jr.'s, rate of pay in 1995 and 1996 was
$11.50 per hour.
c. The rates of pay were agreed upon by the Board of Supervisors
which included Robert Findley.
27. The Providence Township Board of Supervisors approved all payments to
Robert C. Findley, Jr, for plowing snow.
a. Robert Findley participated in the votes.
b. Robert Findley signed the township checks made payable to his
son, Robert C. Findley, Jr.
28. The following payments were made to Robert . C. Findley, Jr., for plowing
snow between 1994 and February, 1996.
Check Number
13135
13158
13204
13224
13272
13287
3266
3290
3300
3310
3320
Date of Check
01/14/94
01/28/94
02/11/94
02/25/94
03/11/94
03/25/94
Total- 1994
01/13/95
02/19/95
02/24/95
03/10/95
03/24/95
Amount of Check
$ 1,034.46
$ 1,179.26
$ 915.25
$ 172.88
$ 1,151.48
$ 530.96
$ 4,984.29
$ 192.20
$ 732.63
$ 151.48
$ 263.19
$ 76.37
Findley, 97- 013 -C2
Page 6
3374 06/02/95 $ 40.73
3489 12/01/95 $ 142.38
3498 12/15/95 $ 486.66
3507 12/28/95 $ 759.04
Total -1995 $ 2,844.68
3518 01/12/96 $ 1,334.42
3527 01/26/96 $ 943.72
3537 02/09/96 $ 375.11
3545 02/23/96 $ 442.74
Total -1996 $ 3,095.99
All Totals $10,924.96
29. Providence Township was eligible for disaster assistance because of the
snow blizzards in 1994 and 1996.
30. Robert Findley participated in filing applications on behalf of Providence
Township for Federal Disaster Assistance in 1994 and 1996.
31. As an applicant for disaster assistance, Providence Township agreed to
certain terms and conditions including the following:
a. The applicant agrees to establish internal personnel safeguards
which will prohibit employees from using their positions for a
purpose that creates, or gives the appearance of creating a desire
for private gain for themselves or for others, particularly those
persons who have a. family business, or other tie to the employee.
The applicant agrees to comply with the Commonwealth's
Contractor Integrity Provisions.
1. Under the Contractor Integrity Provision, except with the
consent of the Commonwealth, the contractor shall not
have a financial interest in any other contractor,
subcontractor, or supplier providing services, labor or
material on this project.
32. Providence Township was awarded Federal Disaster Assistance for snow
removal in 1994 and 1996.
a. In 1994 under Declaration Number .FEMA -1' 015 -DR- 071 -62832
the township was awarded $50,526.00.
b. In 1996 under Declaration Number FEMA - 1085 -DR- 071. -62832
was awarded $29,168.00.
33. DSR #53383 was a survey report filed on September 8, 1994, for snow
removal on various roads in 1994.
a. The report confirmed that one of the contractors was Robert C.
Findley, Jr.
b. Robert Findley was paid a total of $2,241.82, a percentage of the
work which was approved. (See Finding No. 45) [sic].
Findley, 97- 013 -C2
Page 7
a.
34. DSR #59113 was a survey report filed on July 26, 1996, for snow
removal during the 1996 blizzard.
a. The report confirmed that one of the contractors was Robert C.
Findley, Jr.
b. Robert Findley, Jr. was paid a total of $1,081.00. (See Finding
No. 45) [sic].
35. On January 30, 1996, Providence Township entered into a sales
agreement with Wegner Pontiac GMC for the 1987 Chevrolet S -10 truck
(Vin 1GCBS14E3H2213166).
a. The mileage of the vehicle when purchased was 109,204.
b. The total contract price was $2,500.
c. The vehicle was sold to the township in an as is" basis with no
warranty.
36. Patsy Tucker of Wegner Pontiac signed the contract as the issuing agent
for the sale of the vehicle.
Providence Township Supervisor Robert Findley signed the
contract as the authorized representative for Providence Township.
37. Providence Township issued check number 14515 to the order of
Wegner Pontiac in the amount of $2,500.00 on January 22, 1996.
a. Robert Findley signed the check in his capacity as township
supervisor and treasurer.
b. The payment was made eight (8) days before the sales agreement
was drawn up.
38. On February 5, 1996, the Providence Township Supervisor voted to
approve the bill list which included a payment made to Wegner Pontiac
in the amount of $2,500.00.
a. The motion to approve the payment of bills was approved by a 3
to 0 vote with Robert Findley voting in favor of the motion.
39. As of January 15, 1996, the title for the 1997 Chevrolet S -10 truck
(Vin #1 GCBS14E3H2213166) confirmed ownership as R &R Electric, the
business of Robert Findley, Jr.
40. On January 16, 1996, re- assignment of title for the 1987 Chevrolet S -10
truck (VIN #1 GCBS14E2H2213166). from R &R Electric (Robert Findley,
Jr.) to Wegner Pontiac GMC was filed with the Pennsylvania Department
of Transportation.
a. The mileage reading on the vehicle when the title was reassigned
was 109,204.
b. Robert Findley, Jr., is the son of supervisor Robert Findley.
Findley, 97- 013 -C2
Page 8
c. Wegner Pontiac was
consignment basis.
41. On January 5, 1996,
(Vin #1 GCBS14E3H2213166)
to sell the vehicle for Findley on a
the 1987 Chevrolet S -10 truck
was repaired at Wegner Pontiac.
a. The name listed on the invoice as having the vehicle repaired was
Providence Township Supervisors.
b. The vehicle at that time was still titled under the name R &R
Electric (Robert Findley, Jr.).
c. The work completed on the vehicle was a state inspection.
d. The mileage reading on the vehicle was 109,204.
e. The total cost of the repairs was $73.23.
42. The board of supervisors approved payment in an amount of $73.23 to
Wegner Pontiac in March, 1997.
a. The board, including Findley, voted to approve repairs for a vehicle
prior to owning the truck.
43. Wegner Pontiac GMC records made a payment to Robert Findley, Jr. in
the amount of $2,300.00 on January. 30, 1996, after the agreement of
sale was signed with the township and payment was received.
a. Check No. 15523 drawn on an account Wegner Pontiac GMC had
with the Bank of Lancaster County was paid to the order of Robert
C. Findley, Jr. in the amount of $2,300.00.
b. The payment was for the sale of the Chevrolet S -10 truck
(Vin #1GCBS14E3H2213166) that was sold to Providence
Township in the amount of $2,500.00.
44. The Blue Book value of a 1987 S -10 Chevrolet Pickup Truck ranged from
$768 to $1,792.
45. Assuming the high -end value for the truck, Robert Findley made a profit
of $508 ($2,300 - $1,792) on the sale of the truck.
DISCUSSION:
At all times relevant to this matter, the Respondent, Robert C. Findley,
hereinafter Findley, has been a public official subject to the provisions of the Public
Official and Employee Ethics Act ( "Ethics Act "), Act 9 of 1989, Pamphlet Law 26, 65
P.S. §401, pi seq. /Act 93 of 1998, Chapter 11.
The issue is whether Findley violated Sections 1103(a) and 1103(f) of the Ethics
Act when he participated in actions of the Board of Supervisors to award a contract
to his septic cleaning company; when he participated in the payment of his company's
invoices; when he participated in actions of the. Board of Supervisors to award
contracts of $500 or more to his son's electrical contracting company without an open
and public process; when he directed snow plowing contracts to his son; when he
participated in actions to pay invoices from said companies; and when he participated
Findley, 97- 013 -C2
Page 9
in actions as to the purchase of a vehicle by the Township from his son's electrical
business.
Section 1103(a) of the Ethics Act provides:
Section 1103. Restricted activities.
(a) Conflict of interest. - -No public official or public
employee shall engage in conduct that constitutes a conflict
of interest. -
Section 1103(a), Act 93 of 1998, Chapter 11.
The term "conflict of interest" is defined under Act 9 of 1989 as follows:
Section 1102. Definitions.
"Conflict" or "conflict of interest." Use by a public
official or public employee of the authority of his office or
employment or any confidential information received
through his holding public office or employment for the
private pecuniary benefit of himself, a member of his
immediate family or a business with which he or a member
of his immediate family is associated. The term 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.
Section 1102, Act 93 of 1998, Chapter 11.
Section 1103(a) of the Ethics Act prohibits a public official /public employee
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.
Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting:
Section 1103. Restricted activities.
(f) Contract. —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
Findley, 97- 013 -C2
Page 10
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 1103(f), Act 93 of 1998, Chapter 11.
In addition, Section 1103(f) of the Ethics - Act 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.
Having noted the issues and applicable law, we shall now summarize the
relevant facts.
Findley served as a Supervisor in Providence Township from January, 1986
through December 1997. Findley was also the appointed Treasurer in 1995 and 1996,
which required him to sign all checks issued by the Township.
In a private capacity, Findley owns and operates a septic service business
known as Honey -Wagon which has provided septic tank cleaning services to the
Township since at least 1992. The Board of Supervisors did not advertise for bids to
clean the Township septic tank. As a Supervisor, Findley participated in actions by the
Board to approve payments to Honey -Wagon as part of bill lists. All such septic
services were less than the $500 threshold for Section 1103(f) of the Ethics Act. As
Supervisor/Treasurer, Findley signed all of the Township checks payable to Honey -
Wagon.
Findley's son Robert C. Findley, Jr. is the President /Secretary/Treasurer of R &R
Contracting and Electrical, Inc. ( "R &R ") which provides electrical contracting services.
The Board of Supervisors did not advertise for bids or quotes for the services
performed by R &R between 1992 and 1996, nor did the Board take official action to
award any contracts to R &R. No attempts were made to use electrical contractors
other than R &R. From 1992 through 1996, nine contracts which were awarded to
R &R were valued at $500 or more. As a Supervisor, Findley participated in actions of
the Township Board of Supervisors to approve bill lists which included payments to
R &R for electrical services provided to the Township. In addition, Findley as
Supervisor/Treasurer signed Township checks payable to R&R.
R &R was paid a total of $14,491.71 for the services provided to Providence
Township from 1992 through 1996. Based upon. a 15% profit margin, R &R received
a financial gain of $2,173.75.
During the winters of 1994 and 1996, the Township experienced severe snow
storms which required the hiring of outside contractors to plow snow. Robert C.
Findley, Jr. provided such snow plowing services from 1994 through 1996, both as
a private contractor and as a Township employee. Other contractors were also used
by the Township for snow plowing services. No official action was taken by the Board
to hire Robert C. Findley, Jr., and he was paid at the same hourly and double -time
rates established by the Board of Supervisors for the payment of snow plowing
services. Findley participated in Board actions to approve payments to Robert C.
Findley, 97- 013 -C2
Page 11
Findley, Jr. for snow plowing services. In addition, Findley signed the Township checks
made payable to his son Robert C. Findley, Jr.
Providence Township became eligible for disaster assistance because of the
severe snow storms. Findley participated in filing the applications for Federal Disaster
Assistance on behalf of the Township. In receiving assistance Providence Township
agreed to certain terms and conditions, including a conflict of interest provision, which
barred municipal employees from using their positions to obtain private gain, and a
contractor integrity provision, which prohibits a contractor from having a financial
interest in any other contractor, subcontractor, or supplier of services on a project. The
Township received the Federal Disaster Assistance, and Robert C. Findley, Jr., among
others, received contracts for snow removal.
On January 30, 1996, Providence Township entered into a sales agreement
with Wegner Pontiac GMC ( "Wegner ") to purchase a used 1987 Chevrolet S -10 truck.
The truck was sold to the Township on an "as -is" basis for a price of $2,500. As
Township Supervisor/Treasurer, Findley signed the check in payment to Wegner.
Findley also participated as a Supervisor in approving the bill list which included the
payment to Wegner. The truck was owned by R &R but title had been reassigned to
Wegner in order to sell the vehicle on a consignment basis for Robert C. Findley, Jr.
Wegner made a payment in the amount of $2,300 to Robert _ C. Findley, Jr., after the
payment was received from the Township. Using the high -end "blue book" value of
$1,792 for the 1987 S -10 Chevrolet truck, Robert Findley Jr. made a profit of $508
($2,300 - $1,792) on the sale of the truck.
Having summarized the above relevant facts, we must now determine whether
the actions of Findley violated Sections 1103(a) and 1103(f) of Act 93 of 1998,
Chapter 11.
We shall now apply Sections 1103(a) and 1103(f) of the Ethics Act as to each
of the four areas of transactions with the Township: septic services; electrical
services; snow plowing services; and the sale of the Chevrolet S -10 truck.
As to the septic services which were provided to the Township by Findley
through his business, Honey - Wagon, there were uses of authority of office on the part
of Findley. Findley as a Supervisor participated in approving payments to Honey -Wagon
for septic tank services to the Township. Since Honey -Wagon is owned by Findley, it
is a business with which he is associated as that term is defined under the Ethics Act.
65 P.S. §402. Findley also used the authority of office when he as Township
Treasurer signed checks in payment to Honey- Wagon. The uses of authority of office
on the part of Findley resulted in a private pecuniary benefit to Honey - Wagon,
consisting of the profit made by providing the septic tank services. Accordingly,
Findley violated Section 1103(a) of the Ethics Act when he, as Supervisor/Treasurer,
used the authority of office for the private pecuniary benefit of Honey - Wagon, a
business with which he was associated, regarding the provision of septic tank services
to the Township.
As to Section 1103(f) of the Ethics Act, we find no violation. Although the
contracts in this case were not awarded through a public process, the contracts were
Tess than the $500 contracting threshold of Section 1103(f). Accordingly, Findley did
not violate Section 1103(f) regarding the award of septic service contracts to Honey -
Wagon, a business with which he was associated, in that the contracts were under
the $500 contracting threshold.
Turning to the matter of the electrical services provided to the Township by
R &R, Findley used the authority of office when he participated in actions to approve
payments to R &R for the electrical services provided, as well signed Township checks
Findley, 97- 013 -C2
Page 12
in payment to R &R. The uses of authority of office resulted in a private pecuniary
benefit consisting of the profit that R&R made on such contracts. Since R &R is a
corporation of which Robert C. Findley, Jr. is the President /Secretary/Treasurer, it a
business with which a member of Findley's immediate family is associated.
Accordingly, Findley violated Section 1103(a) of the Ethics Act when he used the
authority of office to approve payments as Supervisor and signed Township checks as
Treasurer for electrical services provided to the Township by a business with which
a member of his immediate family is associated.
As to Section 1103(f) of Act 93 of 1998; Chapter 11, the electrical contracts
in question were not advertised and hence were not awarded through an open and
public process. Nine contracts were $ 500 or more. Accordingly, Findley violated
Section 1103(f) in nine instances when R &R, a business with which his son is
associated, contracted with Providence Township, which contracts were $500 or more
and not awarded through an open and public process.
Turning to the matter of the snow plowing services provided to the Township
by Robert C. Findley, Jr., Findley used the authority of office in that he, as
Supervisor/Treasurer, participated in actions to approve payments to Robert C. Findley,
Jr., for the snow plowing services, and signed Township checks as Treasurer in
payment to Robert C. Findley, Jr. That use of authority of office resulted in a private
pecuniary benefit consisting of the profit that Robert C. Findley, Jr. made on such
contracts. Lastly, that private pecuniary benefit inured to Robert C. Findley, Jr..
Accordingly, Findley violated Section 1103(a) of Act 93 of 1998, Chapter 11 when
he used the authority of office to approve payments as Supervisor and sign checks as
Treasurer for snow plowing services provided to the Township by his son.
As to Section 1103(f) of Act 93 of 1998, Chapter 1 1, the snow plowing
contracts in question were not advertised and hence were not awarded through an
open and public process. Nine of the contracts were $500 or more. Accordingly,
Findley violated Section 1103(f) in nine instances when his son Robert C. Findley, Jr.
contracted with Providence Township to provide snow plowing services, which
contracts were $500 . or more and not awarded through an open and public process.
Finally, as to the purchase of the Chevrolet S -10 truck by the Township via •
consignment through Wegner Pontiac GMC from Robert C. Findley, Jr., there was a
use of authority of office on the part of Findley in that he signed the contract to
purchase the vehicle as the authorized representative for Providence Township. The
use of authority of office resulted in a private pecuniary benefit consisting of the profit
that was made on the sate of the truck to the Township. That private pecuniary benefit
inured to Robert C. Findley, Jr., a member of Findley's immediate family. Accordingly,
Findley violated Section 1103(a) of the Ethics Act when he used the authority of office
to obtain a private pecuniary benefit for his son, who sold the truck to the Township
through the Wegner dealership.
The parties have submitted a Consent Agreement together with a Stipulation of
Findings wherein it is proposed to resolve the case by finding violations of Sections
1103(a) and 1103(f) as detailed above, together with a payment by Findley through
this Commission to Providence Township in the total amount of $3,421.75, comprised
of $740 as to the septic tank cleaning services, $2,173.75 as to the profit for
providing electrical services, and $508 as to the profit on the sale of the truck to the
Township. The payments, which will begin within thirty days of the date of issuance
of this order, are to be made over a one -year period, in the amount of $285 per month
for eleven months and a final payment of $286.75. Accordingly, Findley is directed to
make the payment of $3,421.75 as per the terms noted above. Compliance with the
foregoing will result in the closing of this case with no further action. Noncompliance
will result in the institution of an order enforcement action.
Findley, 97- 013 -C2
Page 13
As to the Stipulation of Findings and Consent Agreement filed by the parties,
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. Findley, as a Supervisor in Providence Township, Lancaster County, was a
public official subject to the provisions of Act 9 of 1989.
2. Findley violated Section 1103(a) of the Ethics Act by using the authority of
office for a private pecuniary benefit when he participated in actions of the
Township Board of Supervisors to approve payments to a business with which
he is associated for septic services provided to the Township, and when he
signed Township checks in payment to his company.
Findley did not violate Section 1103(f) of the Ethics Act as to contracts to
provide septic services to the Township by a business with which he is
associated in that none of the contracts equaled or exceeded the $500
threshold.
4. Findley violated Section 1103(a) of the Ethics Act by using the authority of
office for a private pecuniary benefit when he participated in actions to approve
payments to his son's electrical business for services provided to the Township,
and signed Township checks to that business.
5. Findley violated Section 1103(f) of the Ethics Act as to Township contracts to
his son's electrical business, which contracts were $500 or more and not
awarded through an open and public process.
6. Findley violated Section 1103(a) of the Ethics Act by using the authority of
office for a private pecuniary benefit when he participated in actions approving
payments to his son for snow plowing services in the Township and when he
signed Township checks to his son for said services.
Findley violated Section 1103(f) of the Ethics Act as to Township contracts to
his son's snow plowing business when such contracts were $500 or more and
not awarded through an open and public process.
Findley violated Section 1103(a) of. the Ethics Act by using the authority of
office for a private pecuniary benefit when he participated in actions of the
Township Board of Supervisors to purchase a vehicle for the Township that was
owned by his son.
In Re: Robert C. Findley
File Docket:
Date Decided:
Date Mailed:
97- 013 -C2
12/15/98
12/29/98
ORDER NO. 1103
1. Robert C. Findley, as a Supervisor in Providence Township, Lancaster County,
violated Section 1 103(a) of the Ethics Act by using the authority of office for
a private pecuniary benefit when he participated in actions of the Township
Board of Supervisors to approve payments to a business with which he is
associated for septic services provided to the Township, and when he signed
Township checks in payment to his company.
2. Findley did not violate Section. 1 103(f) of the Ethics Act as to contracts to
provide septic services to the Township by a business with which he is
associated in that none of the contracts equalled or exceeded the $500
contracting threshold.
3. Findley violated Section 1103(a) of the Ethics Act by using the authority of
office for a private pecuniary benefit when he participated in actions to approve
payments to his son's electrical business for services provided to the Township,
and signed Township checks to that business.
Findley violated Section 1103(f) of the Ethics Act as to Township contracts to
his son's electrical business, which contracts were $500 or more and not
awarded through an open and public process.
Findley violated Section 1103(a) of the Ethics Act by using the authority of
office for a private pecuniary benefit when he participated in actions approving
payments to his son for snow plowing services in the Township and when he
signed Township checks to his son for said services.
Findley violated Section 1103(f) of the Ethics Act as to Township contracts to
his son's snow plowing business when such contracts were $500 or more and
not awarded through an open and public process.
7 Findley violated Section 1103(a) of the Ethics Act by using the authority of
office for a private pecuniary benefit when he participated in actions of. the
Township Board of Supervisors to purchase a vehicle for the Township that was
owned by his son.
8. As per the Consent Agreement of the parties, Findley is directed to make a
payment in the amount of $3,421.75 through this Commission to Providence
Township. Payments are to be made over a one -year period, in the amount of
$285 per Month for eleven months and a final payment of $286,75, to begin
within thirty days of the date of issuance of this order.
9. Compliance with the foregoing will result in the closing of this case with no
further action. Noncompliance will result in the institution of an order
enforcement action.
BY THE COMMISSION,
dg,nuE Puz,
DANEEN E. REESE, CHAIR