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HomeMy WebLinkAbout1140 DzuganIn Re: Diana Dzugan 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 John J. Bolger Frank M. Brown Susan Mosites Bicket 98- 043 -C2 Order No. 1 140 11/22/99 12/7/99 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 et seg., by the above - named Respondent. At the commencement of its investigation, the Investigative Division served upon Respondent written notice of the specific allegations. 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 replaced by the Public Official and Employee Ethics Act ("Ethics Act "), Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101 a seg., 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. Dzugan. 98- 043 -C2 Page 2 1. ALLEGATION: That Diana Dzugan, a public official /public employee, in her capacity as Supervisor and Vice Chairman of the Board of the Hanover Township Supervisors, Beaver County, violated Sections 1103(a) and 1104 of the Ethics Act (Act 93 of 1998) when she used the authority of her office for a private pecuniary benefit when she received compensation not authorized by the Board of Supervisors; and when she authorized payments to herself, including signing payroll checks; and when she failed to file a Statement of Financial Interests for the 1996 calendar year by May 1, 1997. II. FINDINGS: 1. Diana K. Dzugan has served as Supervisor of Hanover Township since January 1994. a. Dzugan has served as Vice - Chairperson of the Board of Supervisors since January 1996. b. Dzugan has served as Police Supervisor, a noncompensated position, since 1996. 2. Dzugan has held the position of Township 'Clerk since January 1996. a. Dzugan has been annually reappointed to this position during reorganization meetings of the Board of Supervisors in 1997, 1998 and 1999. b. Dzugan has participated in Board actions to appoint her to this position. 3. The position of Township Clerk has been in existence since at least 1982 and was created by the Board of Supervisors to assist the Township Secretary/Treasurer. a. The position is part-time. b. The hours worked varied depending on the person who held the job, but generally were not to be longer than 11:00 a.m. to 3:00 p.m., the regular working hours of the Township. c. Prior to 1996, the position of Clerk was not held by a member of the Board of Supervisors. 4. There is no existing job description for the position of Hanover Township Clerks [sic]. 5. The general duties and responsibilities of the Township Clerk include general clerical tasks such as typing, filing and answering telephones. Due to the circumstances in the Township, the Clerk performed duties outside the scope of "general clerical duties." Diana Dzugan researched various matters for the Solicitor, Planning Commission, Zoning Officer, Road Master and the Secretary /Treasurer. Further, she reviewed plans for conformity to local ordinances. Additionally, Dzugan, from time to time, would cut grass, weed, run errands, wash police cars, paint road signs, and clean the Township office building. Dzugan, 98- 043 -C2 Page 3 6. Individuals who held the position of Clerk prior to 1996 worked on an as- needed basis assisting the Township Secretary. a. Work duties were assigned by the Township Secretary. These duties were only occasionally provided in writing. 1. The positions of Secretary and Treasurer were combined in 1996. b. Employees worked an average of twenty (20) hours each week. c. Clerks reported directly to the Township Secretary. 7. The Boards of Supervisors have not set work hours for the position of Township Clerk. a. In 1994, the Supervisors approved the position on an as- needed basis. 8. Dzugan has set her work schedule and job duties as Township Clerk. The Township Secretary /Treasurer never disapproved of her work schedule. a. These hours have increased each year since 1996. b. The Board of Supervisors did not disapprove Dzugan's work schedule. c. Dzugan has discussed her duties with Philip Read, Chairman of the Board of Supervisors. 1. The remaining Board member, Edwin Jordan, did not discuss the matter of Dzugan's work schedule with her. 9. Since 1996, Dzugan has claimed the following hours as Township Clerk. a. 1996: 168 b. 1997: 450.5 c. 1998: 1,664 10. Dzugan's compensation as Township Clerk has been set by the Township Board of Auditors as follows: a. 1996: $7.50 /hour b. 1997: $8.00 /hour c. 1998: $8.50 /hour d. 1999: $8.75 /hour 11. Dzugan's total compensation from 1996 through 1998 was as follows: 1996: $1,260.00 1997: $3,604.00 1998: $14,134.00 Dzugan, 98- 043 -C2 Page 4 12. Dzugan was employed full -time as an aide at the Allegheny Valley School (AVS) from July 29, 1996 to September 16, 1997. 13. Dzugan's hours and compensation as Hanover Township Clerk increased after her full -time employment at AVS ended. The increase in time and compensation at Hanover Township also coincided with the resignation of one of the Hanover Township employees whose duties Dzugan assumed. a. Dzugan submitted no hours worked as Township Clerk from January 1996 through April 1996. b. Dzugan submitted 88.5 hours worked as Township Clerk from May 1996 through July 1996. 1. Dzugan averaged 29.5 hours per month. c. Dzugan submitted 222 hours worked as Township Clerk from August 1996 through September 1997. d. Dzugan submitted 2,365 hours worked as Township Clerk from October 1997 through April 1999. She believed that she was doing this with the consent of Philip Read, Chairman of the Board of Supervisors. 1. Dzugan averaged 124.5 hours worked per month. 2. This average was after Dzugan resigned from AVS. 14. Dzugan reported her hours worked on time sheets on a monthly basis. a. The payroll, which was submitted to the Board of Supervisors at their meetings, and referenced Dzugan's pay as township clerk was approved by the Board of Supervisors. b. Other Township employees' time sheets are approved by Supervisor Philip Read. 15. Shift times worked by Dzugan from January 1996 through May 1999 varied. a. Dzugan has worked a varied schedule with shifts begin [sic] as early as 7:00 a.m. and end [sic] as late as 6:00 p.m_ depending on her start time. b. Dzugan established these work hours. c. Township Board members, Philip Read and Edwin Jordan, were generally aware of her work schedule, including the hours she worked by their frequent visits to the Township building and their observations of Dzugan working during those times. 16. Dzugan's hours submitted as clerk by month and year are shown below: Month 1996 1997 1998 1999 January 0 22 123.5 101.5 February 0 7 139 91.5 March 0 20 150 119.0 April 0 0 103.5 80.5 Dzugan, 98- 043 -C2 Page 5 May 21 0 131 June 21 21.5 160 July 46.5 0 151.5 August 0 32 142 September 20 24 (40) 148 October 16 117.5 145 November 32.5 93 133 December 11 98 137.5 Total 168 451 1,664 Year Excess Hours Wage 392.5 17. Between 1996 and April 1999, Dzugan reported hours worked in excess of the regular business hours of the Township. Duties for the Clerk, however, would cause the amount of time expended to exceed the prescribed working hours. Compensation 1996 37.50 $7.50 /hour $ 281.25 1997 126.75 $8.00 /hour $1,014.00 1998 717.50 $8.50 /hour $6,098.75 1999 125.00 $8.75 /hour $1,093.75 Total $ 8,487.75 18. These hours were in excess of the hours worked by part -time clerks who held the position prior to Dzugan. a. These hours were implicitly approved by the Board of Supervisors by their approval of the payroll at the Township meetings. 19. In November 1997 Dzugan, in her capacity as Township Clerk, began attending meetings of the Hanover Township Planning Commission. a. Prior to that time, meetings were usually attended by Secretary/Treasurer Warner. b. Dzugan attended as Clerk because Warner was unavailable. 20. After the November 5, 1997 Planning Commission meeting, Dzugan approached Board Chairman Philip Read ' and informed Read that Secretary /Treasurer Warner was falling behind in her work. a. Dzugan indicated she was available to work with the Planning Commission. 21. Read assigned Dzugan the office responsibilities associated with the Planning Commission and Zoning. 22. Dzugan's monthly hours increased after she began performing duties for the Planning Commission. a. Dzugan wanted the increased hours after leaving her full -time employment. 23. Between January 1997 and April 1999 Dzugan claimed the following hours worked as Clerk for the Planning Commission: Dzugan, 98- 043 -C2 Page 6 Month 1997 1998 1999 January 0 Unknown 0 February 0 3.5 3 March 0 3.0 2 April 0 1.5 2 May 0 2.5 June 0 5.0* July 0 8.0** August 0 7.5* September 0 2.0 October 0 2.0 November 2.5 3.0 ** December Unknown 2.5 Totals 2.5 40.5 * Indicates two Planning Commission meetings held during the month. Indicates attendance claimed at the Hanover Township Planning Commission meeting and attendance claimed at the Greene Township Planning Commission meeting for the month. 24. On March 10, 1998, the Board of Supervisors voted to close the Township municipal building from April 20, 1998, through April 22, 1998, due to the Supervisors' attendance at the annual convention of the Pa. Association of Township Supervisors. ** a. Dzugan made the motion to close the offices during that period. b. Supervisors Read and Jordan and Secretary/Treasurer Warner were scheduled to attend the conference. 1. Dzugan did not attend. 25. Dzugan opened the Hanover Township building on April 20, 1998 through April 22, 1998. a. No vote was taken by the Board of Supervisors to open the Township building on these days. b. Dzugan did not receive formal approval from the Board of Supervisors to open the Township building. She did inquire, however, of Chairman of the Board of Supervisors Philip Read, if she should open the office since she believed she could not attend the convention. Mr. Read indicated his assent to opening the building during that time frame. 26. Dzugan claimed hours worked in the Township building covering April 20, 1998 through April 22, 1998 on her submitted time sheet. a. Dzugan claimed hours from 8:00 a.m. to 2:30 p.m. on April 20, 21 and 22, 1998. 1. Dzugan claimed a total of 19.5 hours on April 20, 21 and 22, 1998. Dzugan, 98- 043 -C2 - Page 7 b. Dzugan submitted these hours on a time sheet for April 1998. 27. The Township payroll is approved by the Board of Supervisors as part of the bill paying process during Township meetings. a. Employee salaries are disclosed in the monthly Treasurer's Report prepared by the Township Secretary /Treasurer. 28. Signature authority for Hanover Township accounts is held by the Secretary/Treasurer and the three Supervisors. a. Checks issued by Hanover Township require the signature of the Secretary/Treasurer and one Supervisor. 29. Payroll checks were issued by Hanover Township to Dzugan as Township Clerk as follows: a. 1996 Date 02/01/95 1777 03/01/96 1781 04/01/96 1082 05/02/96 1164 06/03/96 1284 06/30/96 1362 07/31/96 1425 08/30/96 1018 10/01/96 18 10/31/96 177 11/30/96 257 12/23/96 345 01/31/97 406 02/03/97 486 04/01/97 564 05/02/97 646 06/03/97 718 07/01/97 854 07/03/97 860 08/01/97 917 09/04/97 1042 10/01/97 1020 10/20/97 1 157 10/31/97 1 182 11/20/97 1237 12/01/97 1253 12/18/97 1317 12/30/97 1336 Check No. Net Amount $ 61.41 $ 44.25 $ 22.13 $ 55.31 $183.67 $161.54 $330.84 $ 22.13 $177.04 $128.36 $ 260.02 $1 17.28 Totals $1,563.98 b. 1997 Date Check No. Net Amount $172.93 $ 71.71 $163.76 $ 44.25 $ 22.13 $ 22.13 $152.26 $ 44.25 $248.75 $305.40 $100.00 - Advance $705.68 $200.00 - Advance $482.85 $ 200.00 - Advance $512.26 Dzugan, 98- 043 -C2 Page 8 c. 1998 Date 01/20/98 02/05/98 02/20/98 02/20/98 02/28/98 03/20/98 03/31/98 04/17/98 04/30/98 05/20/98 05/31/98 06/18/98 06/30/98 07/31/98 08/20/98 08/31/98 09/18/98 09/30/98 10/19/98 10/31/98 11/20/98 11/30/98 12/18/98 12/29/98 d. 1999 Totals Check No. 1387 1421 1483 1919 1510 1563 1583 1605 1679 1752 1773 1826 1931 1965 2008 2069 2086 2130 2170 2227 2240 2314 2333 Totals Date Check No. 01/18/99 2256 01/31/99 2405 02/19/99 2460 02/28/99 2469 03/19/99 2530 04/05/99 2542 04/20/99 2562 05/05/99 2646 05/20/99 2701 06/05/99 2755 06/18/99 2812 06/30/99 2830 07/20/99 2881 07/31/99 2956 Totals $3,448.36 Net Amount $200.00 - Advance $690.70 $200.00 - Advance $200.00 - Advance $801.49 $ 200.00 - Advance $857.15 $200.00 - Advance $566.16 $200.00 - Advance $738.13 $200.00 - Advance $937.55 $866.44 $200.00 -: Advance $806.94 $200.00 - Advance $862.23 $200.00 - Advance $825.51 .$200.00 - Advance $787.47 $200.00 - Advance $797.20 $ 11,936.97 Net Amount $200.00 - Advance $567.58 $200.00 - Advance $ 508.09 $200.00 - Advance $686.16 $200.00 - Advance $437.87 $ 200.00 - Advance $668.86 $ 200.00 - Advance $712.15 $200.00 - Advance $721.79 $5,702.50 30. Dzugan, in her capacity as Township Supervisor, signed some of the payroll checks issued to her for duties as Clerk. Dzugan, 98- 043 -C2 Page 9 31. Dzugan signed payroll checks to herself in her position as Supervisor which were related to her Clerk position as shown below: Check Date Check No. Check Amount Explanation 01/31/97 406 $172.93 01/01/97 to 01/31/97 10/20/97 1157 $100.00 Advance 10/31/97 1 182 $705.08 10/01/97 to 10/31/97 11/20/97 1237 $200.00 Advance 12/01/97 1253 $482.85 11/01/97 to 11/30/97 02/28/97 1510 $801.49 02/01/98 to 02/28/98 03/20/98 1563 $200.00 Advance 04/17/98 1605 $200.00 Advance 07/01/98 1855 $950.13 Board of Supervisors - 2 Clerk 160 hours 07/20/98 1919 $200.00 Advance 08/20/98 1985 $200.00 Advance 09/18/98 2069 $200.00 Advance 11/20/98 2227 $200.00 Advance 11/30/98 2240 $787.47 11/01/98 to 11/30/98 12/29/98 2333 $797.20 12/01/98 to 12/31/98 32. Some of the checks signed by Dzugan were for advances. a. Advances are payments issued to employees prior to the actual pay date. b. Advances have been permitted by the Board for all employees. c. Advances are not presented to the Board of Supervisors prior to issuance. d. Advances are paid automatically on the 20th of each month, provided that the employee receiving the advance has worked enough hours to cover the amount of the advance. e. Advance amounts are then subtracted from the employee's total earnings at month's end. 33. The hours worked by the Township Clerk increased after Diana Dzugan was appointed to the position. a. Board Chairman Philip Read approved the increase in the number of hours worked by Dzugan. b. Dzugan's hours and compensation were routinely approved by their approval of the payroll at their regular meetings. 34. Dzugan did file a Statement of Financial Interests with Hanover Township for the 1996 calendar year. Due to poor record keeping at the Township, the Statement of Financial Interests form could not be located until after the Complaint had been lodged. III. DISCUSSION: At all times relevant to this matter, the Respondent, Diana Dzugan, hereinafter Dzugan, has been a Public Official subject to the provisions of the Public Official and Dzugan, 98- 043 -C2 Page 10 Employee Ethics Act ( "Ethics Act "), Act 9 of 1989, Pamphlet Law 26, 65 P.S. §401, At seq. as codified by Act 93 of 1998, Chapter 11, 65 Pa.C.S. §1101, gt sue. The issue is whether Dzugan violated Sections 1 103(a) and 1104(a) as to the allegations that she used the authority of her office for a private pecuniary benefit when she received compensation not authorized by the Board of Supervisors; when she authorized payments to herself, including signing payroll checks; and when she failed to file a Statement of Financial Interests for the 1996 calendar year by May 1, 1997. 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: Section 1102. Definitions. 65 Pa.C.S. §1102. 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. "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 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 1 104. Statement of financial interests required to be filed. (a) Public official or public employee. - -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 Dzugan, 98- 043 -C2 Page 11 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 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. 65 Pa.C.S. §1104(a). Section 1104(a) of the Ethics Act 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. Dzugan has served as Supervisor of Hanover Township since January 1994 and as Vice - Chairperson of the Board of Supervisors since January 1996. She has also held the position of Hanover Township. Clerk since January 1996. The position of Township Clerk was created by the Board of Supervisors to assist the Township Secretary. Individuals who held the position of Township Clerk prior to 1996 worked on an as- needed basis and reported directly to the Township Secretary who assigned the work duties. In 1996, the positions of Township Secretary and Township Treasurer were combined. While there is no existing job description for the Township Clerk position, the duties and responsibilities for the job include general clerical tasks such as typing, filing and answering the telephone. Dzugan sometimes performed duties outside the scope of "general clerical tasks" when she researched various matters for the Township Solicitor, Planning Commission, Zoning Officer, Road Master, and the Secretary/Treasurer or when she cut grass, weeded, ran errands, washed police cars, painted road signs, and cleaned the Township office building. The Board of Supervisors did not establish work hours for the position of Township Clerk. In 1994, the Board approved the position on an as- needed basis. The position is part-time and the hours vary depending upon the person holding the position. In general, the hours coincide with the Township's regular working hours, 11:00 a.m. to 3:00 p.m. Dzugan established her own work schedule and job duties as Township Clerk. The Township Board of Supervisors never disapproved her work schedule. Dzugan discussed her job duties with the Chairman of the Board of Supervisors, Philip Read (Read) . Dzugan's work hours as Township Clerk increased: 168 hours in 1996, 450.5 hours in 1997, and 1,664 hours in 1998. The increase in hours from 1997 to 1998 was partially due to the fact that her position as a full -time aide at the Allegheny Valley Dzugan, 98- 043 -C2 Page 12 School (AVS) ended and one of the Township employees resigned. From October 1997 through April 1999, Dzugan submitted 2,365 hours, believing that those hours were approved by Read. Read and Board Member Edwin Jordan were generally aware of how many hours Dzugan worked due to their frequent visits to the Township building. Between 1996 and April 1999, Dzugan reported work hours in excess of the regular business hours of the Township. However, these hours were implicitly approved by the Board of Supervisors which reviewed and approved the payroll, including Dzugan's wages as Township Clerk. In November 1997, Dzugan, in her capacity of Township Clerk, began attending meetings of the Hanover Township Planning Commission. Prior to that time, the Secretary /Treasurer would usually attend the meetings, but because that individual was unavailable, Dzugan went instead. After the November Planning Commission meeting, Dzugan informed Read that the Secretary /Treasurer was falling behind in her duties and indicated that she was available to work with the Planning Commission. Thereafter, Read assigned the office responsibilities associated with the Planning Commission to Dzugan. After Dzugan began performing her responsibilities with the Planning Commission, her hours increased. Between January 1997 and April 1999, Dzugan claimed 2.5 hours in 1997 and 40.5 hours in 1998 for the Planning Commission. On March 10, 1998, the Board of Supervisors voted to close the Township municipal building when Read and Jordan would attend the annual convention of the Pennsylvania Association of Township Supervisors. Even though Dzugan made the motion to close the offices, she opened the offices on those days. No vote was taken by the Board of Supervisors to open the offices during that time period. Dzugan asked Read whether she should open the offices since she could not attend the convention and Read indicated that she could. Dzugan claimed that she worked a total of 19.5 hours during those days. Dzugan received compensation from Hanover Township in the amount of $1,563.98 in 1996, $3,448.36 in 1997, $11,936.97 in 1998, and $5,702.50 in 1999. Dzugan, in her capacity as Township Supervisor, signed some of the payroll checks issued to herself for her work as Township Clerk and some issued to herself as Township Supervisor. Some of the checks Dzugan signed were for advances, which are payments issued to employees prior to the actual pay date. Advances have been permitted by the Board of Supervisors for all employees. Dzugan filed a Statement of Financial Interests (SFI) with Hanover Township for the 1996 calendar year. However, due to poor record keeping at the Township, the SFI form could not be located until after the Complaint had been lodged. Having summarized the above relevant facts, we must now determine whether the actions of Dzugan violated Sections 1 103(a) and 1 104(a) of the Ethics Act. The parties have submitted a Consent Agreement together with a Stipulation of Findings wherein it is proposed to resolve the case by finding that insufficient evidence exists to establish the violations alleged in the Investigative Complaint. Dzugan, 98- 043 -C2 Page 13 With regard to the allegation that Dzugan violated Section 1 103(a) of the Ethics Act by receiving compensation not authorized by the Hanover Township Board of Supervisors and by authorizing payments to herself, we find insufficient evidence to establish such a violation. The Findings of Fact reflect that the Board of Supervisors did not disapprove Dzugan's work schedule even as her hours increased. The Board of Supervisors implicitly approved Dzugan's hours and wages which were included in the Township payroll that was submitted to the Board for approval. Accordingly, Dzugan did not violate Section 1 103(a) of the Ethics Act based upon an insufficiency of evidence. As to the allegation that Dzugan violated Section 1 104(a) of the Ethics Act by failing to file a SFI for the 1996 calendar year by May 1, 1997, the record in this case reflects that she filed the SFI with Hanover Township for the 1996 calendar year. However, due to poor record keeping at the Township, the SFI was not located until after the Complaint had been lodged. Therefore, there is insufficient evidence to establish a violation of Section 1 104(a) of the Ethics Act. Lastly, 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. Diana Dzugan, as Supervisor and Vice Chairman of the Board of the Hanover Township Supervisors, is a public official subject to the provisions of Act 9 of 1989 as codified by Act 93 of 1998, Chapter 11. 2. No violation of Section 1103(a) of the Ethics Act occurred as to the allegation that Dzugan used the authority of her office for a private pecuniary benefit when she received compensation not authorized by the Board of Supervisors and when she authorized payments to herself, based upon an insufficiency of evidence. 3. No violation of Section 1104(a) occurred as to the allegation that Dzugan failed to file a Statement of Financial Interests for the 1996 calendar year by May 1, 1997, based upon an insufficiency of evidence. In Re: Diana Dzugan ORDER NO. 1140 File Docket: 98- 043 -C2 Date Decided: 11/22/99 Date Mailed: 12/7/99 1. As a Hanover Township Supervisor Dzugan did not violate Section 1103(a) of the Ethics Act as to her alleged receipt of unauthorized compensation for her duties as Township Clerk and payments she authorized to herself based upon an insufficiency of evidence. 2. Dzugan did not violate Section 1104(a) of the Ethics Act as to her alleged failure to file a Statement of Financial Interests for the 1996 calendar year by May, 1, 1997, based upon an insufficiency of evidence. BY THE COMMISSION, cOr E atAt.d DANEEN E. REESE, CHAIR