HomeMy WebLinkAbout1123 Van SlykeIn Re: Arthur. Van Slyke
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
Frank M. Brown
Susan Mosites Bicket
98- 045 -C2
Order No. 1 123
2/26/99
3/10/99
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 gt 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 not filed and a hearing was waived. 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 replaced by the Public Official
and Employee Ethics Act ( "Ethics Act "), Act 93 of 1998, Chapter 11, 65 Pa.C.S.
§1101 e# seq., which essentially repeats Act 9 of 1989 and provides for the
completion of pending matters under that Act.
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 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 the Ethics Act.
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.
Van Slvke, 98- 045 -C2
Page 2
I. ALLEGATION: That Arthur Van Slyke, a public official /public employee in
his capacity as a councilman for Albion Borough, Erie County, violated Section 3(a) of
the Ethics Law (Act 9 of 1989) when he used the authority of his office for the private
pecuniary benefit of himself and /or a member of his immediate family by submitting
for reimbursement expenses incurred on behalf of his wife, who accompanied him to
borough association conventions; and when he participated in actions of council to
approve the reimbursements to himself.
II. FINDINGS:
1. Arthur Van Slyke served as a councilman for Albion Borough, Erie County,
from January 1992 through August 20, 1998.
a. Arthur Van Slyke served as President of Albion Borough Council from
January 1994 to August 20, 1998.
2. Van Slyke officially resigned as President and Council Member of Albion
Borough on August 20, 1998.
a. Van Slyke communicated his intent to resign during the July 1998
council meeting.
3. Members of Albion Borough Council regularly attend annual conferences
of the PA State Association of Boroughs (PSAB).
a. Approvals for attendance are made by action of council.
4. On March 20, 1997, borough council unanimously approved the
attendance of any council members and spouses at the 1997 annual PSAB
conference.
a. Van Slyke was present at this meeting.
b. The 1997 conference was scheduled from June 22, 1997, to June
25, 1997, at the Adams Mark Hotel, Philadelphia.
5. Attendees to the conference registered with the PSAB.
a. Attendees could confirm room reservations with conference
registration from the payment of one night's deposit per room.
b. Attendees could register to stay at either the Adams Mark Hotel or
the Holiday Inn.
1. Holiday Inn rates were $97 per night, single or double.
2. Adams Mark rates were $107 per night, single or double.
6. Conference registration fees were paid by Albion Borough for all members
of council attending the 1997 conference.
7. A registration form was submitted by the borough to the PSAB for all
council members attending the 1997 conference.
a. Council members Van Slyke, Lasher, Perry and Strait were identified
as attendees.
Van Slvk@, 98- 045 -C2
Page 3
1. Lasher canceled and was replaced by Darlene Teed.
8. Van Slyke registered for packages A and E offered by the PSAB.
a. Package A for all members included Sunday night reception, Monday
awards luncheon, Tuesday luncheon, Tuesday banquet and
entertainment, conference materials and gift. Cost: $120.00.
b. Package E for spouses included Sunday night reception, Tuesday
banquet and entertainment and gift. Cost: $65.00.
9. On March 24, 1997, Albion Borough issued check no. 1 1454 drawn on
the borough general fund account in the amount of $610.00 to pay the
registration of four (4) council member packages ($480.00) and (2) spouse
packages ( $130.00).
15. On July 1, 1997, Albion Borough General Fund Check No.
issued to Van Slyke in the amount of $599.97.
a. Said check was signed by Secretary /Treasurer Sabol
Chairperson Doreen Strait.
a. The spouse packages were for Van Slyke's and Lasher's spouses.
10. The borough issued 11455 from the General Fund to the Adams Mark
Hotel on 03/24/97, in the amount of $483.64 for one night's lodging plus
13% room tax for four council members, including Van Slyke.
a. Costs included $107 for (4) rooms ($428) plus 13% room tax
($55.64).
11. Checks No. 11454 and 1 1455 were unanimously approved by council,
including Van Slyke, during the council meeting of May 15, 1997.
12. The Borough issued checks for expenses associated with the 1997
convention and other matters prior to such items being brought to council
for approval.
13. Van Slyke's wife, Peggy, accompanied him to the PSAB 1997 conference.
14: On June 30, 1997, Van Slyke submitted a handwritten Expense
Reimbursement request to Wilma Sabol, Borough Secretary/Treasurer for
expenses related to 1997 PSAB conference.
a. Some photo copies of receipts were submitted by Van Slyke.
b. Van Slyke's request totaling $599.97 was itemized as follows:
1. Mileage: $287.91 (914 miles # $ .315 per mile)
2. Meals: $286.71
3. Turnpike Tolls: $ 25.35
TOTAL $ 599.97
11744, was
and Finance
Van Slyke, 98- 045 -C2
Page 4
b. Said check was endorsed by Arthur Van Slyke and stamped "for
deposit only ", Van Slyke's Food Mark, 81- 0132 -8752.
16. On August 21, 1997, Albion Borough Council approved payment of the
$599.97 General Fund check issued to Van Slyke on July 1, 1997.
a. Van Slyke was not present for the August 21, 1997, Regular meeting
of the Albion Borough Council.
b. Council approved payment of bills listed on a computer listing
provided by Sabol at said meeting and did not review each bill
individually.
17. Receipts submitted by Van Slyke confirm conference expenses as follows:
06/21/97
06/21/97
06/21/97
06/22/97
06/22/97
06/23/97
06/23/97
06/23/97
06/24/97
09:38 PM
Unknown
09:28 AM
08:06 PM
10:57 AM
Unknown
08:56 AM
01:15 PM
09:07 AM
Art Van Slyke
Art Van Slyke
Art Van Slyke
Unknown
Art Van Slyke
Unknown
Art Van Slyke
Peggy Van Slyke
Art Van Slyke
Adam's Mark Hotel
Kings Family Restaurant
Gift Shop- Adam's Mark
Houlihan's
Adam's Mark Hotel
Holiday Inn
Adam's Mark Hotel
Adam's Mark Hotel
Adam's Mark Hotel
Meal Reimbursement Received by Van Slyke
Additional Meal Reimbursement Received by Van Slyke
a. The check was signed by Van Slyke's wife, Peggy.
$91.92
$ 9.36
$18.19
$26.82
$19.02
$46.30
$19.02
$ 7.76
$19.02
$257.41
($286.71)
($ 29.30)
18. After receiving notification of Investigation by the State Ethics Commission
Van Slyke consulted with legal counsel and submitted an amended
accounting of the 1997 convention expenses.
19. On or about August 12, 1998, Van Slyke issued an "Amended
Accounting" of expenses related to the 1997 conference to Albion
Borough.
20. Van Slyke's amended accounting calculated a reimbursement of $254.46
due to Albion Borough for expenses incurred by Van Slyke's wife at the
conference.
a. Van Slyke calculated $189.46 was due the borough for "excess meal
expenses."
b. Van Slyke calculated $65.00 was due the borough as reimbursement
to the borough for his wife's registration fee for the conference.
c. Van Slyke's based his reimbursement of meal expenses on 60% of all
meals where receipts didn't allow for itemization.
21. On August 12, 1998, a personal check no. 1262, was issued on the
account of Arthur and Peggy Van Slyke in the amount of $254.46, to the
borough as "repayment of excess expenses reimbursement for the June
1997 Convention."
Van Slvke, 98- 045 -C2
Page 5
22. The following is noted regarding Van Slyke's 1997 convention expenses:
a. Receipts from the Adam's Mark Hotel's Restaurant, dated June 21,
1997, in the amount of $91.92, related solely to meals for Van Slyke
and his wife.
b. The reimbursement in the amount of $29.30, was a lunch meal
charge at a restaurant along the Pennsylvania Turnpike on June 25,
1997, which Van Slyke was not given and did not demand a written
receipt, but recorded in his own record.
c. The original reimbursement request included an $18.19 charge from
the hotel's gift shop, a charge of $7.76 for his wife's lunch on June
23, 1997, and a duplicate copy of a June 21, 1997, meal charge at
King's Restaurant. Rather than adjust the previous submission, the
August 12, 1998, amended accounting simply itemized all proper
expenses.
23. When requesting that his wife be registered for the convention, submitting
the original reimbursement request, Van Slyke relied on common and past
practice in Albion Borough.
a. He was never advised that there was any impropriety until he received
the Commission's letter of July 21, 1998.
30. Van Slyke reimbursed Albion Borough on August 12, 1998, a total of
$254.46 for costs associated with his wife accompanying him to the 1997
PSAB Conference.
a. The reimbursement was made voluntarily.
III. DISCUSSION:
At all times relevant to this matter, the Respondent, Arthur Van Slyke,
hereinafter Van Slyke, 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, el seq. /Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101, el seq.
The issue is whether Van Slyke violated Section 1 103(a) of the Ethics Act as
to the allegation that he submitted reimbursement expenses incurred on behalf of his
wife, who accompanied him to borough association conventions; and when he
participated in actions of council to approve the reimbursements to himself.
Section 1 103. Restricted activities.
(a) Conflict of interest. - -No public official or public
employee shall engage in conduct that constitutes a conflict
of interest.
65 Pa.C.S. §1103(a).
Pursuant to Section 1103(a) of the Ethics Act, a public official /public employee
is prohibited from engaging in conduct that constitutes a conflict of interest.
The term "conflict of interest" is defined under the Ethics Act as follows:
Van Slvke, 98- 045 -C2
Page 6
65 Pa.C.S. §1102.
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 1 103(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.
Having noted the issues and applicable law, we shall now summarize the
relevant facts.
Van Slyke served as a Council Member in Albion Borough from January, 1992
to August, 1998.
The members of Albion Borough Council regularly attended the PA State
Association of Boroughs ( "PSAB ") conferences, which in 1997 was held in
Philadelphia from June 22 — June 25. The registration form was submitted to Borough
Council which paid the registration fees for all Council members attending the 1997
conference.
Van Slyke, who was one of the Council members attending the 1997 PSAB
conference, was accompanied by his spouse. PSAB offered different registration
packages for its conference. Van Slyke chose two conference packages, one for
members and a second package for spouses which included a reception, banquet,
entertainment and a gift. Borough Council then issued a check to cover the Council
members' registration plus the spousal packages. The Borough also issued a check to
the Adams Mark hotel for the one night's lodging for the Council members, which
included Van Slyke. Such checks were unanimously approved by Council, with Van
Slyke's participation.
Following the PSAB conference, the Council members submitted expense
reimbursements. Van Slyke submitted a request totaling $599.97 which included
$287.91 for mileage, $286.71 for meals, and $25.35 for Turnpike tolls. Albion
Borough subsequently issued a check to Van Slyke in the amount of $599.97. At the
regular meeting of Council when payment of the $599.97 to Van Slyke was
approved, he was not present.
After receiving notification of investigation by this Commission, Van Slyke
consulted with legal counsel and submitted an amended accounting for his 1997 PSAB
Van Slvke, 98- 045 -C2
Page 7
convention expenses. The amended accounting by Van Slyke calculated
reimbursement due Albion Borough in the amount of $254.46 for expenses relating
to Van Slyke's spouse at the PSAB conference. Van Slyke calculated that there was
$189.46 as to excess meal expenses and $65 as to his spouse's registration fee for
the PSAB conference. Shortly thereafter, Van Slyke issued a personal check in the
amount of $254.46 to the Borough as "repayment of excess expenses reimbursement
for the June 1997 Convention."
When Van Slyke requested that his spouse be registered for the convention and
subsequently submitted the reimbursement request, he relied upon and followed the
common practice in Albion Borough. Van Slyke was never advised that such action
was improper until he received the Commission's notice. Further, Van Slyke voluntarily
and promptly reimbursed $254.46 to Albion Borough as noted above.
Having summarized the above relevant facts, we must now determine whether
the actions of Van Slyke violated Section(s) of the Ethics Act.
In applying Section 1103(a) of the Ethics Act, there was a use of authority of
office on the part of Van Slyke. As an Albion Borough Council Member, Van Slyke
elected to attend the PSAB conference and took his spouse with the Borough paying
for a "spouse package" at the conference. In addition, Van Slyke was present and
participated at the Council meeting which approved the payment by the Borough for
the registrations and lodging at the PSAB conference. Such use of authority of office
resulted in a private pecuniary benefit consisting of the $254.46 that was paid for
expenses of Van Slyke's spouse, who was a member of his immediate family as that
term is defined under Section 1102 of the Ethics Act. Accordingly, Van Slyke
technically violated Section 1103(a) of the Ethics Act when he opted for a spousal
package and received reimbursement for spousal expenses as to the 1997 PSAB
conference. A technical violation is appropriate in that Van Slyke followed the past
practice of the Borough as to spousal expenses and reimbursed the Borough within 30
days after he was notified of the Commission investigation.
The parties have submitted a Consent Agreement together with a Stipulation of
Findings wherein it is proposed to resolve the case by finding a technical violation of
Section 1103(a) as to Van Slyke's receipt of spousal expenses for the 1997 PSAB
convention, with no further action, given that Van Slyke followed the past practice of
the Borough regarding spousal expenses and reimbursed Albion Borough in the amount
of $254.46 less than thirty days after he was notified of the State Ethics Commission
investigation.
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. We shall take no further action in this matter which is closed.
IV. CONCLUSIONS OF LAW:
1.. Arthur Van Slyke, as a Councilman for Albion Borough, Erie County, was a
public official subject to the provisions of Act 9 of 1989/Act 93 of 1998,
Chapter 11.
2. Van Slyke committed a technical violation of Section 1 103(a) of the Ethics Act
when he received reimbursement of spousal expenses for the 1997 PA State
Association of Boroughs ( "PSAB ") convention.
In Re: Arthur Van Slyke
File Docket: 98- 045 -C2
Date Decided: 2/26/99
Date Mailed: 3/10/99
ORDER NO. 1123
1. Per the Consent Agreement of the parties, Arthur Van Slyke, as a Councilman
for Albion Borough, Erie County, committed a technical violation of Section
1103(a) of the Ethics Act when he received reimbursement of spousal
expenses for the 1997 PA State Association of Boroughs ( "PSAB ") convention.
BY THE COMMISSION,
droAtisA06 etuLd
DANEEN E. REESE, CHAIR