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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