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HomeMy WebLinkAbout989 LenigBefore: STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 In Re: Dale Lenig File Docket: 95- 024 -C2 . Date Decided: 12/7/95 Date Mailed: 12/13/95 Daneen E. Reese, Chair Austin M. Lee, Vice Chair Roy W. Wilt Allan M. Kluger John R. Showers Rev. Joseph G. Quinn Boyd E. Wolff The Investigative Division of the State Ethics Commission conducted an investigation regarding a possible violation of the State Ethics Law, Act 9 of 1989, P.L. 26, 65 P.S. §401 At seq. Written notice of the specific allegation(s) was served at the commencement of the investigation. A Findings Report was issued and served upon completion of the investigation which constituted the Complaint by the Investigation Division. An Answer was not timely filed and a hearing was deemed waived. The record is complete. This adjudication of the Commission is hereby issued which sets forth the individual Allegations, Findings of Fact, Discussion, Conclusions of Law and Order. This adjudication is final and will be made available as a public document thirty days after issuance. However, reconsideration may be requested which will defer public release of this adjudication pending action on the request by the Commission. A request for reconsideration does not affect the finality of this adjudication. A reconsideration request must be received at this Commission within thirty days of issuance 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). The files in this case will remain confidential in accordance with Act 9 of 1989, 65 P.S. §408(h). Any person who violates confidentiality of the Ethics Law is guilty of a misdemeanor subject to a fine of not more than $1,000 or imprisonment for not more than one year, 65 P.S. §409(e). Confidentiality does not preclude discussing this case with an attorney at law. Jenig, 95- 024 -C2 Page 2 I. ALLEGATION: That Dale Lenig, a public official in his capacity as a Supervisor for Little Mahanoy Township, Northumberland County, violated the following provisions of the State Ethics Act (Act 9 of 1989) when his company, Lenig Contracting, entered into contracts with the township for snow removal, road maintenance and repairs and leasing of equipment without an open and public process; and when he participated in payments to his company. Section 3(a) of Act 9 of 1989 provides: Section 3. Restricted Activities (a) No public official or public employee shall engage in conduct that constitutes a conflict of interest. 65 P.S. §403 (a) . Section 3. Restricted activities (f) No public official or public employee or his spouse or child or any business in which the person or his spouse or child is associated shall enter into any contract valued at $500 or more with the governmental body with which the public official or public employee is associated or any subcontract valued at $500 or more with any person who has been awarded a contract with the governmental body with which the public official or public employee is associated, unless the contract has been awarded through an open and public process, including prior public notice and subsequent public disclosure of all proposals considered and contracts awarded. In such a case, the public official or public employee shall not have any supervisory or overall responsibility for the implementation or administration of the contract. Any contract or subcontract made in violation of this subsection shall be voidable by a court of competent jurisdiction if the suit is commenced within 90 days of the making of the contract or subcontract. 65 P.S. §403(f) Lenig, 95- 024 -C2 Page 3 II. FINDINGS: Section 2. Definitions "Conflict" or "conflict of interest." Use by a public official or public employee of the authority of his office or employment or any confidential information received through his holding public office or employment for the private pecuniary benefit of himself, a member of his immediate family or a business with which he or a member of his immediate family is associated. "Conflict" or "conflict of interest" does not include an action having a de minimis economic impact or which affects to the same degree a class consisting of the general public or a subclass consisting of an industry, occupation or other group which includes the public official or public employee, a member of his immediate family or a business with which he or a member of his Immediate family is associated. 65 P.S. §402. r 1. On February 16, 1995, the Investigative Division of the State Ethics Commission received an unsworn complaint alleging that Dale Lenig violated provisions of the State Ethics Act (Act 9 of 1989) . 2. Upon review of the complaint by the Director of Investigations a recommendation was made to the Executive Director to approve an own- motion preliminary inquiry. 3. At the direction of the Executive Director, the Investigative Division initiated an own- motion preliminary inquiry on March 9, 1995. 4. The preliminary inquiry was completed within sixty days. 5. On May 3, 1995, a letter was forwarded to Dale Lenig, by the Executive Director of the State Ethics Commission informing him that a complaint against him was received by the Investigative Division and that a full investigation was being commenced. a. Said letter was forwarded by certified mail, No. P 016 239 203. b. The domestic return receipt bore the signature of Betty Lenig, with a delivery date of May 4, 1995. 6. The full investigation was commenced at the direction of the Executive Director of the State Ethics Commission. Lenig, 95- 024 -C2 Page 4 7. The Investigative Complaint was mailed to the Respondent on October 11, 1995. 8. Dale Lenig has served as a Supervisor of Little Mahanoy Township, Northumberland County, since April 2, 1990. a. Lenig completed the unexpired term of Supervisor William Latsha who died. b. Lenig was subsequently elected to a full term. c. Lenig has served as Chairman of the Board of Supervisors since January, 1991. 9. Dale Lenig is self - employed buying and selling coal. Lenig is the owner of Dale Lenig Coal Washery. Lenig has been involved in this family run business for over thirty years. Lenig's company owns trucks. 10. Little Mahanoy Township has a population hundred and fifty residents. a. It has no municipal building. a . b. c . a backhoe, payloader and dump of approximately four b. The township does not have a full -time road crew to maintain approximately eight miles of roads and bridges. c. The township does employ one part -time road worker. 11. Little Mahanoy township has utilized outside contractors for road maintenance, repairs and snow removal for over thirty years. a. The supervisors determined that it would not be cost effective to purchase equipment and hire employees to maintain eight miles of road. 12. At the annual reorganization meetings of the Little Mahanoy Township Supervisors rates are set for the rental of equipment. a. Rates are set for snow plow, dump truck, payloader, laborers and pick -up truck. 13. Hourly rates for equipment rental have been set by the Little Mahanoy Board of Supervisors at reorganization meetings on the following dates: Lenig, 95- 024 -C2 Page 5 DATE 01/02/90 01/07/91 01/06/92 01/04/93 01/03/94 01/03/95 SNOW PLOW DUMP TRUCK PAYLOADER BACI&OE PICK -UP TRUCK $35.00 $35.00 $28.00 $38.00 $42.00 $42.00 $17.00 $20.00 $25.00 $25.00 $25.00 $25.00 $22.00 $25.00 $40.00 $45.00 $45.00 $35.00 $35.00 $35.00 $35.00 $35.00 14. Dale Lenig has been present at the reorganization meetings held in 1991, 1992, 1993, 1994 and 1995. a. Minutes do not reflect votes of the individual supervisors in regards to setting rates for various equipment. b. Rates set were by a consensus of the board of supervisors. c. Dale Lenig has participated in the setting of rates every year since 1991. 15. Little Mahanoy Township has utilized the services of Dale Lenig exclusively for road maintenance and snow removal for approximately thirty years. b. Quotes were not solicited from other companies for this type of work. c. The nearest companies are approximately twenty miles away. 16. The services performed by Lenig in regard to snowplowing were initiated without direction from the board of supervisors. a. Lenig had performed snow plowing services prior to his appointment as township supervisor and was authorized to begin plowing at his discretion as weather conditions dictated. 17. Road maintenance and /or repairs were conducted after consultation by Lenig with Roadmaster Walter Klock. 18. Since serving as a township supervisor, Dale Lenig has billed Little Mahanoy Township for services and has been paid as follows: $10. $10.00 $10.00 Lenia, 95- 024 -C2 Page 6 DATE OF SERVICE 1990 06/18/90 09/24/90 10/17/90 1221 01/09/91 01/11/91 01/12/91 02/01/92 04/01/91 04/12/91 04/17/91 04/25/91 11/04/91 1992 01/16/92 01/18/92 01/20/92 01/26/92 02/12/92 TYPE OF SERVICE Truck - Truck - Backhoe 1990 TOTAL Ashing - 3 Ashes Plowing Plowing Ashes Plowing - 1.5 hrs Ashes Truck - 1 Backhoe - Truck - 6 Backhoe - Truck - 1 Backhoe - Truck - 2 Payloader Sand Blasting, Paint, Snow Blower $215.00 1991 TOTAL 5 hrs 9 hrs - 2.5 hrs hrs 2 hrs 2 hrs hr 2 hrs hrs 1.5 hrs .5 hrs 5 hrs hrs - 1.5 hrs Ash Roads - 2 hrs Ashes Welding lgts - 1 hr Hook up lgts - 1 hr Ash Roads - 1.5 hrs Ashes Plowing - 2.5 hrs Ashes Plowing - 1.5 hrs TOTAL AMOUNT $ 80.00 $153.00 $ 87.50 $210.00 $530.50 $ 80.00 $ 32.00 $ 87.50 $ 70.00 $ 16.00 $ 52.50 $ 20.00 $383.00 $ 20.00 $ 70.00 $210.00 $ 30.00 $ 30.00 $175.00 $ 30.00 $ 60.00 $625.00 $1,234.77 $ 76.00 $ 21.00 $ 30.00 $ 57.00 $ 21.00 $ 95.00 $ 21.00 $321.00 $ 57.00 CHECK,, 194 223 237 266 272 387 371 404 Lenig, 95- 024 -C2 Page 7 02/13/92 02/14/92 03/12/92 03/19/92 03/23/92 04/21/92 04/28/92 05/07/92 07/07/92 07/08/92 07/10/92 07/22/92 08/05/92 08/17/92 08/22/92 12/10/92 12/28/92 1993 01/11/93 01/12/93 Plowing - 2.5 hrs $ 95.00 Plowing - 4 hrs $152.00 Ashes $ 49.00 $353.00 Ash Roads - 2 hrs $ 76.00 Ashes $ 14.00 Plowing - 2.5 hrs $ 95.00 Plowing - 1.5 hrs Ashes Truck - 3.5 hrs Truck - 2 hrs Backhoe - 4 hrs Truck - 1 hr Backhoe - 3 hrs Payloader - 8 hrs Truck - 3 hrs Payloader - 5 hrs Truck - 5.5 hrs Truck - 2 hrs Tracker - 2.5 hrs Tracker - 5.5 hrs Truck - 2 hrs Payloader - 3 hrs Truck - 1.5 hrs Cutting, mowing Plowing - 3 hrs Truck - 1.5 hrs Ashes 1992 TOTAL $ 57.00 $ 14.00 $256.00 $ 87.50 $ 50.00 $140.00 $277.50 $105.00 $ 25.00 $130.00 $320.00 $200.00 $220.00 $137.50 $ 50.00 $ 45.00 $ 99.00 $1,071.50 $ 50.00 $135.00 $ 37.50 $ 20.00 $242.50 $114.00 $ 57.00 $ 21.00 $192.00 $2,843.50 Trk Ashing - 2 hrs $ 76.00 Ashes $ 21.00 Ashing - 1.5 hrs $ 57.00 Ashes $ 21.00 411 423 442 453 101 (State Fund) 530 Lenig, 95- 024 -C2 Page 8 01/29/93 Ashing - 1.5 hrs $ 57.00 Ashes $ 10.50 02/01/93 Ashing - 1.5 hrs $ 57.00 Ashes $ 21.00 $320.50 546 02/06/93 Ashing - 1.5 hrs $ 57.00 Ashes $ 21.00 02/12/93 Plowing - 2.5 hrs $ 95.00 Ashes $ 21.00 02/13/93 Plowing - 4 hrs $152.00 02/15/93 Ashing - 1 hr $ 38.00 Ashes $ 10.50 02/16/93 Plowing - 4 hrs $152.00 Ashes $ 14.00 02/17/93 Plowing - 2.5 hrs $ 95.00 Ashes $ 10.50 02/18/93 Ashing 1 hr $ 38.00 Ashes $ 14.00 02/21/93 Plowing - 2 hrs $ 76.00 02/22/93 Plowing - 3.5 hrs $133.00 Ashes $ 21.00 02/25/93 Plowing - 1.5 hrs $ 57.00 Ashing $ 21.00 02/24/93 Fixing Plow $ 22.50 $1,086.50 552 03/06/93 Plowing - 1.5 hrs $ 57.00 03/11/93 Plowing - 1 hr $ 38.00 Ashes $ 6.00 03/13/93 Plowing - 4.5 hrs $171.00 03/14/93 Plowing - 3 hrs $114.00 03/15/93 Plowing - 5 hrs $190.00 $576.00 05/07/93 Backhoe - 5 hrs $175.00 Truck - 2 hrs $ 50.00 05/18/93 Payloader - 10.5 hrs$472.50 Truck - 10.5 hrs $262.50 $960.00 590 06/25/93 Truck - 5 hrs $125.00 609 08/09/93 Truck - 9 hrs 08/10/93 Truck - 4 hrs $325.00 625 12/06/93 Remount Snow $465.00 Plow, hydraulic systems, 6 gal. hydraulic oil $ 24.00 Lenin, 95- 024 -C2 Page 9 12/25/93 12/26/93 1994 Power Steering Fluid $ 1.50 Iron -bolts $ 15.00 $505.50 Ashing - 2 hrs $ 76.00 Ashes $ 24.00 Plowing - 3 hrs $114.00 $214.00 1993 TOTAL $4,112.50 01/04/94 Plowing - 6 hrs 01/05/94 Plowing - 3 hrs 01/07/94 Plowing - 3 hrs 01/08/94 Plowing - 4 hrs 01/09/94 Plowing - 4 hrs 01/12/94 Plowing - 4 hrs 01/15/94 Plowing - 3 hrs 01/17/94 Plowing - 3 hrs 01/18/94 Plowing - 5 hrs 01/29/94 Plowing - 2 hrs 01/20/94 Plowing - 2 hrs 01/26/94 Plowing - 4 hrs 01/28/94 Plowing - 3 hrs 46 hrs = $1,932.00 02/03/94 Ashing - 1.5 hrs $ 65.00 02/04/94 Ashing - 2 hrs $ 84.00 Ashes $ 16.00 02/08/94 Plowing - 3 hrs $126.00 02/09/94 Plowing - 3.5 hrs $147.00 Ashes $ 20.00 02/11/94 Plowing - 4 hrs $168.00 02/23/94 Plowing - 4 hrs $168.00 02/24/94 Plowing - 2.5 hrs $105.00 Ashes $ 12.00 666 667 01/04/94 Ashes $ 24.00 01/05/94 Ashes $ 20.00 01/07/94 Ashes $ 36.00 01/08/94 Ashes $ 36.00 01/09/94 Ashes $ 36.00 01/12/94 Ashes $ 8.00 01/15/94 Ashes $ 24.00 01/20/94 Ashes $ 24.00 01/26/94 Ashes $ 24.00 01/28/94 Ashes $ 24.00 $256.00 TOTAL $2,188.00 680 Lenig, 95- 024 -C2 Page 10 03/03/94 Plowing - 7 hrs $294.00 $1,203.00 693 03/09/94 Payloader/ Plowing - 3 hrs $135.00 03/10/94 Payloader/ Plowing - 3 hrs $126.00 03/19/94 Payloader/ Plowing - 2 hrs $ 84.00 $345.00 709 05/10/94 Payloader - 4 hrs $180.00 Truck - 3 hrs $ 75.00 05/17/94 Snowplow repair $ 45.00 05/24/95 Backhoe - 3.5 hrs $122.50 Truck - 2.5 hrs $ 62.50 $485.00 730 06/22/94 Truck - 4.5 hrs $112.50 739 10/07/94 Truck - 3.5 hrs $ 87.50 10/12/94 Payloader - 4.5 hrs $202.50 10/29/94 Payloader - 3 hrs $135.00 11/05/94 Payloader - 2 hrs $ 90.00 $515.00 786 11/10/94 Weld snow plow shoes $ 35.00 798 1994 TOTAL $4,883.50 1995 01/08/95 Ashing - 2 hrs $ 84.00 02/04/95 Plowing - 5 hrs $210.00 Ashing $ 24.00 02/05/95 Plowing - 3 hrs $126.00 Ashing $ 8.00 02/06/95 Plowing - 2 hrs $536.00 823 02/15/95 Ashing - 2 hrs $ 84.00 Ashes $ 24.00 02/16/95 Ashing - 2 hrs $ 84.00 Ashes $ 24.00 02/26/95 Plowing - 2.5 hrs $105.00 Ashes $ 12.00 02/27/95 Ashing - 1.5 hrs $ 63.00 Ashes $ 20.00 $416.00 828 1995 TOTAL $952.00 Leniq, 95- 024 -C2 Page 11 19. The following amounts have been paid to Dale Lenig,by Little Mahanoy Township for snow removal, equipment rental and road repairs: 1990: 1991: 1992: 1993: 1994: 1995: $ 530.50 $ 1,234.77 $ 2,843.50 $ 4,112.50 $ 4,883.50 $ 952.00 $14,556.00 20. As a Little Mahanoy Township Supervisor Dale Lenig participated in the process of approving and dispensing checks to him. a. Lenig co- signed all of the checks listed in Finding #21. b. Lenig participated in the votes of the board of supervisors approving payments to himself. c. The votes to approve payments were always unanimous. 21. Little Mahanoy Township approved and issued checks to Dale Lenig as follows: MEETING CHECK CHECK AMOUNT VOTE BY DATE DATE NUMBER OF CHECK SUPERVISORS 07/02/90 07/02/90 194 $ 80.00 3 -0 10/01/90 10/01/90 223 $ 153.00 3 -0 11/05/90 11/05/90 237 $ 87.50 3 -0 01/07/91 01/07/91 266 $ 210.00 3 -0 02/04/91 02/04/91 272 $ 383.00 3 -0 02/04/91 02/04/91 271 $ 11.77 3 -0 05/06/91 05/06/91 307 $ 625.00 3 -0 11/04/91 11/04/91 371 $ 215.00 3 -0 02/03/92 02/03/92 404 $ 321.00 3 -0 03/02/92 03/02/92 411 $ 353.00 3 -0 04/04/92 04/06/92 423 $ 256.00 3 -0 05/04/92 05/04/92 442 $ 277.50 3 -0 06/01/92 06/01/92 453 $ 130.00 3 -0 08/03/92 08/03/92 101 $ 171.50 3 -0 (State Fund) 09/08/92 09/08/92 483 $ 242.50 3 -0 01/04/93 01/04/93 530 $ 192.00 3 -0 02/01/93 02/01/93 546 $ 320.50 3 -0 03/01/93 03/01/93 552 $1,086.50 3 -0 04/05/93 04/05/93 573 $ 576.00 3 -0 06/07/93 06/07/93 590 $ 960.00 3 -0 07/05/93 07/05/93 609 $ 125.00 3 -0 Lenig, 95- 024 -C2 Page 12 09/07/93 12/06/93 01/03/94 02/07/94 03/07/94 04/04/94 06/06/94 07/05/94 11/07/94 12/04/94 02/06/95 03/06/95 09/07/93 625 12/06/93 666 01/03/94 667 02/07/94 680 Missing Check 693 04/04/94 709 06/06/94 730 07/05/94 739 11/07/94 787 12/05/94 798 02/06/95 823 03/06/95 828 TOTAL $ 325.00 $ 505.50 $ 214.00 $2,188.00 $1,203.00 $ 345.00 $ 485.00 $ 112.50 $ 515.00 $ 35.00 $ 536.00 $ 416.00 $14,556.27 3, 3 -0 3 -0 3 -0 3 -0 3 -0 3 -0 3 -0 3 -0 3 -0 3 -0 3 -0 22. Dale Lenig was unaware that while serving as a township supervisor any business transactions with the township would have to be done on a bid basis. a. Lenig was advised by Supervisor Walter Klock that he could continue doing business with the township after being appointed supervisor. b. He charged rates that were set by the board at reorganization. c. He has the only such contracting business in the township. The next nearest contractor is over twenty (20) miles away. d. The board utilized his services because of his closeness and low prices. e. He could not estimate his profit. III. DISCUSSION: As a Little Mahanoy Township Supervisor, Dale Lenig, hereinafter Lenig, is a public official as that term is defined under Act 9 of 1989. 65 P.S. §402. As such, his conduct is subject to the provisions of the Ethics Law and the restrictions therein are applicable to him. Initially, it is noted that Section 9 of Act 9 of June 26, 1989 provides, in part, as follows: This amendatory violations committed date of this act, initiated for such governed by the prior act shall not apply to prior to the effective and causes of action violations shall be law, which is continued Lenig, 95- 024 -C2 Page 13 in effect for that purpose as if this act were, not in force. For the purposes of this section, a violation was committed prior to the effective date of this act if any elements of the violation occurred prior thereto. Since the occurrences in this case transpired after the effective date of Act 9 (June 26, 1989), we must apply the provisions of Act 9 to determine whether the Ethics Act was violated. Under Section 3(a) of Act 9 of 1989, a public official /employee shall not engage in conduct that constitutes a conflict of interest as defined above. In addition, Section 3(f) of Act 9 of 1989 specifically provides in part that no public official /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 /employee is associated unless the contract is awarded through an open and public process including prior public notice and subsequent public disclosure. The allegation before us is that Dale Lenig violated Section 3(a), the conflict provision, and Section 3(f), the contracting provision, of Act 9 of 1989 when his company, Lenig Contracting, entered into contracts with the Township for snow removal, road maintenance and repairs and leasing of equipment without an open and public process and when Lenig participated in making payments to his company. Lenig has served as Little Mahanoy Township Supervisor since April, 1990 and as Chairman of the Board since January, 1991. In a private capacity, Lenig is self employed in the business of buying and selling coal. Lenig's company owns a backhoe, payloader and dumptrucks. Since Mahanoy Township has a population of approximately 450 residents, there is no municipal building and no full time road crew to maintain approximately 8 miles of roads and bridges. The Township employs only one part -time roadworker. The Township has utilized outside contractors for road maintenance, repairs and snow removal for the past thirty years because it would not be cost effective to purchase equipment and hire employees to maintain 8 miles of road. At the annual Township reorganizational meetings, the Board of Supervisors set rates for the rental of equipment including snow plows, dump trucks, payloaders, backhoes and pick -up trucks. The Lenig, 95- 024 -C2 Page 14 rates for such equipment for the years 1990 through 1995 are set forth in Fact Finding 13. Although the minutes do not reflect the votes of individual Supervisors, Lenig participated at the 1991 through 1995 meetings in the setting of rates which was done by a consensus of the Board. No quotes were solicited from other companies for road maintenance and snow removal because the nearest companies were approximately 20 miles away. Even prior to his appointment as Township Supervisor, Lenig performed snow plowing services for approximately 30 years, being authorized to begin plowing at his discretion as weather conditions dictated. Snow plowing services were performed by Lenig without direction from the Board of Supervisors. Road maintenance /repairs were done by Lenig after consultation with Roadmaster Walter Klock. Lenig billed Little Mahanoy Township for services and received payment as detailed in Fact Finding 18. The total amounts received by Lenig in each of the years 1990 through 1995 are set forth in Fact Finding 19. Although the votes to approve payments were always unanimous by the Board, Lenig did co -sign all of the checks (Fact Finding 21) which were issued to himself. Lenig was unaware that business transactions with the Township had to be done by bid while he served as a Township Supervisor. Supervisor Klock advised Lenig that he could continue doing business with the Township after he was appointed Township Supervisor. The rates that Lenig charged the Township were those set by the Board of Supervisors at the reorganizational meetings. As noted above, Lenig has the only contracting business in the Township in that the nearest contractor is over 20 miles away. The Board utilized Lenig's services because of his close proximity and low prices. Lastly, since Lenig could not estimate his profit, the record only sets forth the gross amounts that Lenig received for his services. In applying the provisions of Section 3(a) of Act 9 of 1989 to the instant matter, we find a technical violation. Lenig used the authority of office by co- signing checks in payment to himself for the services he provided to the Township. See, Perino, Order 980. In addition, there was a private pecuniary benefit in this case consisting of the payment that Lenig received for his services to the Township. Lastly, the private pecuniary benefit enured to Lenig directly or to the business with which he was associated. However, we will not impose restitution in this case for two reasons. First, we cannot determine from this record what profit Lenig received in providing these services. Second, we do not believe that restitution is warranted under the facts and circumstances. Regarding Section 3(f) of Act 9 of 1989, we find violations of the contracting provision for certain services provided by Lenig to the Township. Section 3(f) of Act 9 of 1989 does allow a public Lenig, 95- 024 -C2 Page 15 official /employee to contract with his governmental ,body but contracts of $500 or more must be awarded through an open and public process including prior public notice and subsequent public disclosure. The following are the instances where contracts were in excess of $500 but were not awarded through an open and public process: snow plowing services for the years 1992 -1995; payloader /truck services on July 7, 1992 and on May 18, 1993 and various services on December 6, 1993. In each of those enumerated instances, we find violations of Section 3(f) of Act 9 of 1989. Based upon the totality of facts and circumstances as noted above, we will take no further action in this case. IV. CONCLUSIONS OF LAW: 1. Dale Lenig as a Little Mahanoy Township Supervisor is a public official subject to the provisions of Act 9 of 1989. 2. A technical violation of Section 3(a) of Act 9 of 1989 occurred when Lenig co- signed Township checks made in payment to himself for various services he provided to the Township. 3. Lenig violated Section 3(f) of Act 9 of 1989 as to contracts that were in excess of $500 and were not awarded through an open and public process for snow plowing services for the years 1992 -1995 and for services performed on July 7, 1992, May 18, 1993 and December 6, 1993. In Re: Dale Lenig ORDER NO. 989 File Docket: 95- 024 -C2 Date Decided: 12/7/95 Date Mailed: 12/13/95 1. A technical violation of Section 3(a) of Act 9 of 1989 occurred when Dale Lenig, as Little Mahanoy Township Supervisor, co- signed Township checks made in payment to himself for various services he provided to the Township. 2. Lenig violated Section 3(f) of Act 9 of 1989 as to contracts that were in excess of $500 and were not awarded through an open and public process for snow plowing services for the years 1992 -1995 and for services performed on July 7, 1992, May 18, 1993 and December 6, 1993. 3. Based upon the totality of facts and circumstances, we will take no further action in this case. BY THE COMMISSION, i o A t .) e t DANEEN E. REESE, CHAIR