HomeMy WebLinkAbout965 BeelerIn Re: Jack Beeler
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
File Docket: 93- 049 -C2
Date Decided: 02/23/95
Date Mailed: 03/10/95
Before: Daneen E. Reese, Chair
Roy W. Wilt
Austin M. Lee
Allan M. Rluger
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 et 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 filed
and a hearing was waived. A consent agreement was submitted by the
parties to the Commission for consideration which was subsequently
approved. 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 fifteen 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 fifteen 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.
Beeler, 93- 049 -C2
Page 2
I. ALLEGATION:
That Jack Beeler, as a public official /public employee in the
position of supervisor for Kilbuck Township, Allegheny County
violated the following provisions of the State Ethics Act (Act 9 of
1989) when he failed to file Statements of Financial Interests for
the 1989, 1990 and 1991 calendar years; when he stored his personal
property at the township garage; when he received a monthly fuel
payment for use of his personal vehicle without auditor approval;
when he participated in board action to reduce the vesting period
for township pensions from six to four years to coincide with the
expiration of his term in office and when he received compensation
for overtime hours and sick time without auditor approval.
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 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.
Section 4. Statement of financial interests
required to be filed
(a) 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 position.
Beeler, 93- 049 -C2
Page 3
65 P.S. §404 (a) .
II. FINDINGS:
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.
1. Jack Beeler served as a Kilbuck Township Supervisor from 1981
through December, 1993.
a. Beeler was employed as the Township's Roadmaster from
October, 1989, through December 31, 1993.
b. Beeler's Roadmaster position was not renewed effective
January, 1994.
2. Kilbuck Township is responsible for approximately twelve miles
of road.
a. Kilbuck Township did not have a road department for
approximately ten years prior to Beeler becoming
roadmaster in 1989.
b. The township owned no tools or equipment.
3. Kilbuck Township has a two stall garage attached to the
township building for equipment storage and maintenance work.
a. This building was not open to the general public.
b. This building is located less than one mile from Beeler's
residence.
Beeler, 93- 049 -C2
Page 4
4. Beeler stored his 1979 Ford truck, V.I.N. #F15GCDE4390, in the
township garage from July 11, 1992, until approximately
November, 1993.
a. This truck was neither registered nor insured during the
time when it was stored in the township garage.
b. No reimbursement was made to the township by Beeler for
the use of the garage.
c. No other township official used the garage for vehicle
storage.
d. No approval was given to Beeler to store his vehicle in
the township garage by the auditors or the other
supervisors.
5. Beeler's truck was used by the township as a utility vehicle
for a storm drain project.
a. The truck was used to haul tools and gravel.
b. Beeler used his personal tools for township work.
6. The official Auditor's Meeting Minutes do not include any
action regarding the setting of compensation for Supervisor
Jack Beeler, serving in a Roadmaster capacity. The auditors,
however, annually sent a memo to the Board of Supervisors
listing the wages and compensation approved for the
supervisors and roadmaster. The wages set forth by the
auditors are not recorded in the Auditor's Reorganizational
Meeting Minutes.
a. Recording Secretary James Pool did not include
supervisor / roadmaster compensation with the auditor's
minutes.
7. Correspondence from the Kilbuck Township Board of Auditors to
the Board of Supervisors included authorization for
Supervisor / Roadmaster Beeler to collect the following
compensation:
Correspondence Wage Truck Allowance
Date (Hourly) (weekly) Mileage
11/16/89 Not listed $ 40.00 0.255
01/04/90 $ 11.00 40.00 0.26
01/10/91 12.00 40.00 0.26
01/09/92 12.00 40.00 0.26
01/27/93 12.00 40.00 0.26
Beeler, 93- 049 -C2
Page 5
8. No authorization was given to Beeler by the township auditors
for him to receive compensation for sick days, vacation days,
holidays or overtime pay or additional fuel payments.
9. Kilbuck Township entered into Employment Contracts with Jack
Beeler to perform the duties of township roadmaster from
January 2, 1990, through December 31, 1991; and January 1,
1993 through December 31, 1994. Compensation for each
contract is indicated as the following:
a. Contract period: 01/02/90 - 12/31/91
Compensation: $ 11.00 an hour
Expense Reimbursement: $.26 per mile; $40.00 a week
usage.
This contract is signed by Jack Beeler and Dorothy
Anderson (Supervisor /Secretary /Treasurer).
b. Contract period: 01/01/93 - 12/31/94
Compensation: $12.00 an hour
Expense Reimbursement: $.26 per mile; $40.00 a week
usage.
This contract is signed by Dorothy Anderson, Jack Beeler,
and R.F. Vincent (Supervisor).
c. No Employment Contract is on file covering the period
01/01/92 through 12/31/92.
d. The above contracts reflect the amount of compensation
that had been fixed by the township auditors.
10. Beeler's employment contracts do not include any language
authorizing sick, vacation, holiday, overtime or additional
fuel payments.
a. Township auditors did not participate in the preparation
of Beeler's employment contracts.
b. Auditors authorized the compensation contained therein.
11. In addition to the compensation set forth in the auditor
letters and employment contracts, Jack Beeler also received
additional funds as a fuel allowance.
12. No authorization was given to Beeler by the township auditors
for him to collect a monthly fuel allowance in addition to his
approved mileage and truck allowance payments.
a. Auditors were unaware that the payment was being made.
13. Personal records of Jack Beeler include correspondence between
Beeler and fellow Supervisor Kirk Vincent regarding a monthly
Beeler, 93- 049 -C2
Page 6
fuel allowance for Beeler.
a. Correspondence dated December 13, 1991, from Beeler to
Vincent requests a $25.00 a month fuel allowance to
offset rising fuel and insurance costs. A handwritten
notation states: "Jack this is okay with me as long as
reimbursement is only made against gas receipts. Kirk."
b. Correspondence dated September 16, 1993, from Vincent to
Beeler indicated the following in regards to the $25.00
a month fuel allowance: "This is to confirm my
recollection that the Supervisors of Kilbuck Township
approved the payment to you of an addition $25.00 per
month to reimburse you for expenses incurred in
connection with the operation of your truck on township
business. This increase was to be in addition to the
mileage reimbursement you received, and was in
recognition of the fact that the operating costs of your
truck exceeded this township's standard mileage
reimbursement you receive."
Enclosed is an original copy of a letter I have to this
effect showing my approval. Please return this letter to
me for my records. Since our township treasurer issued
these payments, I assume she was satisfied that the
payments were properly authorized and supported by
receipts.
14. Township Secretary /Treasurer, Dorothy Anderson, was directed
to make the payments by Supervisor Beeler.
a. Payments were unanimously approved by the Board of
Supervisors.
15. Minutes of the Kilbuck Township Board of Supervisor meetings
do not include any discussion or official action being taken
to authorize a $25.00 a month fuel payment for Beeler.
16. Beeler submitted Expense Reimbursement Requests on either a
monthly or quarterly basis. Reimbursement Requests were for
truck rental, mileage, fuel and miscellaneous expenses as
follows:
Approved Approved
Truck Mileage Extra
Period Allowance Miles Amount Fuel Misc.
04/01- 04/29/90 $ 160.00 250 $ 65.00 None $ 27.2].
04/30- 06/02/90 200.00 300 78.00 None 25.78
06/03- 06/30/90 160.00 250 65.00 None 10.00
07/01- 07/28/90 160.00 250 65.00 None 8.40
Missing
Beeler, 93- 049 -C2
Page 7
08/27- 09/22/90 160.00 300 78.00 None 60.95
09/23- 10/27/90 200.00 300 78.00 None 45.37
10/28- 12/01/90 200.00 300 78.00 None 181.86
Undated 160.00 250 65.00 None 106.92
01/27- 03/09/91 240.00 300 78.00 None 76.50
03/10- 04/07/91 160.00 200 52.00 None Nxe
04/07 - 05/05/91 160.00 200 52.00 None 80.89
05/06- 06/23/91 280.00 400 104.00 None 124.85
06/23- 08/24/91 360.00 600 156.00 None 142.54
08/24 - 11/30/91 560.00 700 182.00 None I3x
Missing
01/01- 02/23/92 320.00 400 106.00 $ 50.00 75.03
02/24- 03/28/92 200.00 250 65.00 25.00 122.05
Missing
07/28- 08/16/92 280.00 400 106.00 43.00 95.99
08/17- 10/18/92 360.00 600 156.00 55.00 48.13
10/18- 12/31/92 440.00 600 156.00 66.00 74.42
01/01 - 03/27/93 480.00 900 234.00 75.00 73.09
03/28 - 05/15/93 280.00 700 182.00 42.00 7927
05/15- 07/31/93 400.00 1,250 325.00 62.50 72.91
08/01- 10/16/93 $ 440.00 1,375 357.50 None 44.40
Totals: $6,360.00 11,075 $2,883.50 $418.50$1,577.16
17. The total amount Beeler received for extra fuel was $418.50.
18. Financial reports detailing expense payments made to Beeler
are voted on at the Supervisor's Monthly meetings.
a. Financial reports are voted on in their entirety.
b. Financial reports contain all disbursements made.
c. Financial reports are read to the supervisors by the
secretary during the meeting.
19. Kilbuck Township financial records include the following
expense reimbursement payments made to Beeler:
a.
Financial Report Check # Amount
03/19/90 10421 $ 212.00
04/16/90 10475 277.00
08/20/90 10681 233.40
09/20/90 10727 261.88
10/15/90 10777 298.95
11/12/90 10841 323.37
12/31/90 10891 278.00
Total $ 1,884.60
01/21/91 10962 384.52
02/18/91 11025 331.92
Beeler, 93- 049 -C2
Page 8
03/18/91 11099 394.50
05/22/91 11209 504.89
07/15/91 11321 508.15
09/16/91 11462 658.54
12/31/91 11715 243.16
Total $3,025.68
03/16/92 11857 547.03
07/20/92 12100 862.42
11/17/92 12368 619.13
12/31/92 12488 736.42
Total $2,767.00
03/25/93 12632 $ 842.09
Total $8,519.37
b. These payments include Beeler's $25.00 a month fuel
payment.
c. Beeler participated in supervisor's actions to approve
the above identified payments.
d. Financial reports were passed unanimously.
20. Kilbuck Township has a pension plan for its police and non-
uniform employees.
a. The police plan was created in approximately 1975.
1. As of 1992, the police plan allows for vesting in
twelve years.
b. The non - uniform employee pension plan was created
effective January 1, 1990.
c. Township employees Dorothy Anderson and Jack Beeler
participated in the non - uniform employee plan from its
inception in 1990.
21. There were only two non - uniformed township employees who could
participate in the non - uniform plan; Beeler and the Township
Secretary /Treasurer.
22. The minutes from the Kilbuck Township Board of Supervisors
Meetings show the following in relation to the passage of the
non - uniform personnel pension plan.
February 19, 1990: "The following resolutions were adopted
by the Board upon motion indicated after
each resolution:"
Beeler, 93- 049 -C2
Page 9
"Resolution #757 - Non - Uniform Employees to participate in
the Kilbuck Township Pension Plan
(Vincent /Beeler), township has a pension
plan for the police, but not one for non -
uniformed employees."
Present: Beeler, Vincent, Anderson
23. Minutes from the Kilbuck Township Board of Supervisors Meeting
of March 18, 1991, reflect that Beeler abstained from action
taken on Resolution #786, amending the joinder for the non -
uniformed employee pension plan.
a. Resolution #786 did not change Beeler's rate of
contribution or the vesting period of the plan.
24. Minutes of the Kilbuck Township Board of Supervisors meetings
include action to reduce the vesting period of the township's
pension plan from six years to four years on March 23, 1993,
as part of Resolution #839. Minutes from the March 31, 1993,
meeting read in part:
"Resolution #839 - Amending the vesting period of the Non -
Uniform Employee Pension Plan of which Beeler and Anderson are
involved since the beginning of 1990. Four years are up at
the end of the year. From six years to four years (as)
suggested by Beeler. Motion made by Beeler, seconded by
Vincent. Even though this would have benefited Anderson, she
abstained."
Present: Beeler, Vincent, Anderson.
Notation: Resolution #839 was actually Resolution #838.
25. Minutes from the Kilbuck Township Supervisor's March 31, 1993,
meeting, also include citizens, questioning why the non-
uniform employees pension plan was reduced from six years to
four years. No answer was recorded in the minutes on the
subject.
a. Beeler states that he advised the people in attendance at
the meeting that the change was made to correct an error
in the plan.
26. Beeler's term of office would be over in December, 1993, eight
months after the vesting requirement was amended.
27. Kilbuck Township pension records include an Application for
Enrollment into the plan signed by Jack Beeler on May 14,
1990.
Beeler, 93- 049 -C2
Page 10
a. Pension records also include personnel rosters confirming
Beeler's participation in the plan during calendar years
1991 and 1992.
28. Allocation Reports for the Non - Uniform Pension Plan include
benefit totals ending 12/31/90, 12/31/91, 12/31/92 and
10/31/93. Allocation reports indicate the following
information:
1990: Employee
This year's contributions $1,130.85
Investment earnings 14.53
Balance as of 12/31/90 1,145.33
1991: Employee
Previous balance $1,145.33
This year's contribution 1,243.20
Investment Earnings 94.25
Balance as of 12/31/91 2,482.78
1992: Employee
Previous balance $2,482.78
This year's contribution 1,257.60
Investment Earnings 144.07
Balance as of 12/31/92 3,884.45
1993: Employee
Previous balance $3,884.45
This year's contribution 1,039.20
Investment earnings 33.60
Balance as of 10/31/93 $4,957.25
Employer Total
$1,130.80 $2,261.60
14.52 29.05
1,145.32 2,290.65
Employer Total
$1,145.32 $2,290.65
1,243.20 2,486.40
94.25 188.50
2,482.77 4,496.55
Employer Total
$2,482.77 $4,965.55
1,257.50 2,515.10
144.07 288.14
3,884.34 7,768.79
Employer Total
$3,884.34 $7,768.79
1,039.20 2,078.40
33.60 67.20
$4,957.14 $9,914.39
Notation: Five percent of Beeler's wages as roadmaster were
placed into his pension account.
29. By way of correspondence dated April 29, 1994, from the
Kilbuck Township Board of Supervisors to I'NCP, 1NCP was
directed to terminate the township's non - uniformed employee
pension plan.
a. Jack Beeler was to receive his contributions while the
balance was to be returned to the township.
30. On July 16, 1994, MMCP forwarded a check in the amount of
$4,899.69 payable to Jack Beeler to Kilbuck Township.
a. This check was for Beeler's contributions and earnings to
the employee pension plan.
b. Kilbuck Township also received a check for the remaining
Beeler, 93- 049 -C2
Page 11
account balance. (The township's contributions).
31. As of September 6, 1994, Beeler has not cashed the pension
check from MMCP.
32. Beeler did not receive any portion of the township's
contribution to the pension plan.
a. The plan was amended prior to the time Beeler received
his payment.
33. Township auditors approved Beeler's participation in the
township's non- uniform pension plan on January 4, 1990.
a. This was annually re- approved on January 10, 1991,
January 9, 1992, and January 27, 1993.
34. No auditor approval was sought or obtained for the reduction
of vesting period from six years to four years.
35. Action to reduce the vesting period occurred on March 31,
1993.
a. Anderson resigned her position as the Township Treasurer
effective 3/31/93, the same day of the vesting period
reductions.
b. Anderson had over twenty -five years of township service
and had already vested.
c. Anderson was, thus, not affected by the township's
reduction of the vesting period.
36. Jack Beeler was the only employee that would be affected by
the reduction in the vesting period.
a. Beeler's vote on this matter was the deciding vote.
37. Township correspondence from Solicitor Donald Gates to the
Township Board of Supervisors dated October 23, 1989, renders
an opinion about the hiring of Jack Beeler at the township's
October 16, 1989 meeting. Gates discussed criteria to be used
if Beeler was to participate in a pension plan indicating that
the auditors should be responsible for approving this as well
as other compensation.
Note: There was no non - uniformed employee pension plan at
the time of Gates Opinion.
Regarding Beeler's participation in a pension plan, Gates
Beeler, 93- 049 -C2
Page 12
indicated the following:
"No change in the nature or rate of the contributions in the
case of a defined contribution plan and no change in the
benefit formula in the case of a defined benefit plan shall be
initiated by the Board of Supervisors with respect to a
supervisor- employee without auditor approval."
Gates stressed several times in his opinion the need and
necessity for auditor approval regarding Beeler' s compensation
or any changes to the same.
38. Kilbuck Township auditors did not approve overtime for
Supervisor Jack Beeler serving in a roadmaster capacity.
39. Bi- weekly time sheets were filled out by Supervisor /Roadmaster
Beeler.
a. No start or stop times were recorded.
b. Total hours worked and the days worked are listed.
c. All time sheets were signed by Jack Beeler exclusively.
40. Bi- weekly time sheets filled out by Beeler included
unauthorized overtime pay on the following occasions:
Date Hours Rate Amount
1990:
06/25/90 2 $ 16.50 $ 33.00
06/26/90 2 16.50 33.00
07/18/90 2 16.50 33.00
09/29/90 3 16.50 49.50
10/06/90 3 16.50 49.50
10/25/90 2 16.50 33.00
11/03/90 2 16.50 33.00
11/30/90 1 $ 16.50 16.50
Total 17 $ 280.50
1991:
12/21/91 4 $ 18.00 $ 72.00
Total 4 $ 72.00
1992:
01/25/92 4 $ 18.00 $ 72.00
02/08/92 4 18.00 72.00
02/13/92 3 18.00 54.00
03/11/92 4 18.00 72.00
03/12/92 4 18.00 72.00
04/02/92 2 18.00 36.00
12/03/92 4 18.00 72.00
Beeler, 93- 049 -C2
Page 13
12/10/92 7 18.00 126.00
12/11/92 4 18.00 72.00
12/24/92 3.5 18.00 63.00
Total 39.5 $ 711.00
1993:
January missing
02/13/93 10 $ 18.00 $ 180.00
02/15/93 5 18.00 90.00
02/16/93 5 18.00 90.00
02/17/93 4 18.00 72.00
03/11/93 4 18.00 72.00
03/13/93 11 18.00 198.00
03/14/93 7 18.00 126.00
04/12/93 1 18.00 18.00
04/13/93 1 18.00 18.00
04/28/93 1 18.00 18.00
Undated 5 18.00 90.00
05/16- 05/29/93
05/30- 06/12/93 5 18.00 90.00
06/13- 06/26/93 5 18.00 90.00
06/27- 07/10/93 2 18.00 36.00
07/11- 07/24/93 2 18.00 36.00
07/28/93 2 18.00 36.00
07/28/93 2 18.00 36.00
08/09/93 2 18.00 36.00
08/18/93 2 18.00 36.00
08/26/93 4 18.00 72.00
09/05- 09/18/93 4 18.00 72.00
10/03- 10/16/93 2 36.00
Total 86 $1,548.00
41. Employee payroll was included as part of the monthly financial
reports.
a. Financial reports are voted on in their entirety.
b. Payroll checks were prepared by the township treasurer
based upon information supplied by Beeler.
c. Financial reports contain all disbursements made.
d. Financial reports are read to the supervisors by the
secretary during the meeting.
e. Beeler did not abstain on supervisor's action taken to
approve financial reports.
42. Beeler received a total of $2,611.50 for 146.5 hours of
overtime pay.
Beeler, 93- 049 -C2
Page 14
a. Annual
1990 -
1991 -
1992 -
1993 -
Date
06/22/93
06/23/93
07/01/93
07/08/93
07/19/93
07/30/93
08/03/93
08/10/93
08/19/93
09/07/93
09/21/93
09/28/93
09/29/93
10/08/93
10/13/93
10/21/93
11/12/93
totals:
17 hours $ 280.50
4 hours 72.00
39.5 hours 711.00
86 hours $1,548.00
43. Kilbuck Township Auditors did not approve a sick time
provision for Supervisor Jack Beeler serving in a roadmaster
capacity.
a. Township police personnel did not have a sick time
provision.
b. Beeler's employment contract did not include a sick time
provision.
44. Bi- weekly time sheets filled out by Beeler
unauthorized sick pay on the following occasions:
Sick Hours Claimed
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
8
136
Amount Paid
$ 96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
96.00
$ 1,632.00
included
45. Beeler claims that he was performing secretarial duties for
the township on these days as the township was without a
township secretary at the time.
a. As such, Beeler actively performed work on these days.
46. Beeler was compensated at a rate of pay as fixed by the
township auditors.
47. Statements of Financial Interests on file with Kilbuck
Township include the following filings for Beeler:
Beeler, 93- 049 -C2
Page 15
a. Calendar year: 1993
Filed: 94/30/94
Position: Supervisor
Creditors: None
Direct /Indirect Income: Kilbuck Township, IAMAW
All other Financial Interests: None
b. Calendar year: 1992
Filed: 02/26/93 on SEC Form 1/93
Position: Supervisor
Creditors: None
Direct /Indirect Income: Kilbuck Township
All other Financial Interests: None
c. Calendar year: 1991
No form filed.
d. Calendar year: 1990
No form filed.
e. Calendar year: 1989
No form filed.
f. Calendar year: 1988
Filed: 05/01/87 on SEC Form 1/87
Position: supervisor
Creditors: None
Direct /Indirect Income: Al Landis Olds, Kilbuck Township
All other Financial Interests: None
48. Beeler stated that he was aware of the requirement to annually
file a Statement of Financial Interests form as Township
Supervisor.
49. Beeler submitted the following Statements of Financial
Interests forms to the State Ethics Commission on July 14,
1994:
a. Calendar Year: 1991
Filed: 07/12/94 on SEC Form 1/94
Position: Supervisor /Roadmaster
Credits: None
Direct /Indirect Income: Kilbuck Township, IAMAW
All other Financial Interests: None
b. Calendar Year: 1990
Filed: 07/12/94 on SEC Form 1/94
Position: supervisor /Roadmaster
Creditors: None
Direct /Indirect Income: Kilbuck Township, IAMAW
Beeler, 93- 049 -C2
Page 16
Since
effective
provisions
violated.
All other Financial Interests: None
c. Calendar Year: 1989
Filed: 05/10/90 on SEC Form 1/94
Position: supervisor /Employee
Creditors: None
Direct /Indirect Income: Sam Landis Olds, IAMAW, Kilbuck
Township
All other Financial Interests: None
50. Beeler filed a Statement of Financial Interests form for
calendar year 1989 with the State Ethics Commission on July
14, 1994.
a. Beeler dated this filing May 10, 1990, on an Statement of
Financial Interests form with an State Ethics Commission
revision date of 1/94.
b. This form was not distributed to the public until
January, 1994.
51. All of the previously missing Statements of Financial Interest
for Beeler have now been filed.
III. DISCUSSION:
As a Township Supervisor for Kilbuck Township, Jack Beeler,
hereinafter Beeler, was 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 act shall not apply to
violations committed prior to the effective
date of this act, and causes of action
initiated for such violations shall be
governed by the prior law, which is continued
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.
the occurrences in this case transpired after
date of Act 9 (June 26, 1989), we must apply
of Act 9 to determine whether the Ethics Act
the
the
was
Beeler, 93- 049 -C2
Page 17
Under Section 3(a) of Act 9 of 1989 quoted above, a public
official /employee shall not engage in conduct that constitutes a
conflict of interest.
The term "conflict of interest" is defined under Act 9 of 1989
in the allegations.
Section 4(a) of the Ethics Law quoted above requires that each
public official /employee must file a Statement of Financial
Interests for the preceding calendar year of the year in which he
is employed or served and for the year after he leaves such
position.
The allegations in the case are whether Jack Beeler as a
Kilbuck Township Supervisor in Allegheny County violated Section
3(a) of Act 9 of 1989 (conflict provision) or Section 4(a)
(Financial Interests Statement (FIS) reporting requirement)
regarding the following six allegations:
1. storing his truck at the township garage
without paying rent;
2. receiving a monthly fuel payment for his
vehicle without auditor approval;
3. participating in a township decision to reduce the
vesting time for non - uniformed employees from six
to four years to coincide with the expiration of
his term;
4. receiving compensation for sick time without
auditor approval;
5. receiving compensation for overtime without
auditor approval; and
6. failing to file FIS's for the years 1989
through 1991.
Factually, Beeler served as a Kilbuck Township Supervisor from
1981 through December 1993 and as roadmaster from 1989 through
1993. Although Kilbuck Township was responsible for approximately
twelve miles of road, it did not have a road department, tools or
equipment. The Township had a small garage attached to the
Township building which was not open to the general public. From
mid -1992 through the latter part of 1993, Beeler stored his truck
at the Township garage but did not make any reimbursement to the
Township. However, Beeler's truck was used by the Township as a
utility vehicle and for other purposes.
Although the Township Board of Auditors did set the hourly
Beeler, 93- 049 -C2
Page 18
rate of compensation for Beeler through the years 1989 through 1993
(Fact Finding 7), no authorization was given for sick days,
vacation days, holidays, overtime or additional fuel payments.
Fact Finding 8. The compensation set by the auditors is detailed
in Fact Finding 9.
Although Jack Beeler received additional funds for fuel
allowance, no authorization was made by the Township Auditors for
him to collect the additional monthly fuel allowance. When Beeler
sent a letter dated December 13, 1991, requesting a $25.00 fuel
allowance from Supervisor Kirk Vincent, he responded that such a
payment was permissible so long as reimbursement was only made
against gas receipts. The minutes of Kilbuck Township Board of
Supervisors reflect no discussion or official action taken to
authorize a $25.00 a month fuel payment for Beeler. Fact Finding
15. From April, 1990 through August, 1993, Beeler received $418.50
as an excess fuel payment. Fact Finding 17.
As to the Kilbuck Township Pension Plan for both police and
non - uniformed employees, the Police Plan allowed for vesting in
twelve years while the non - uniformed employee pension plan provided
for vesting after six years of service. The minutes of the Kilbuck
Township Board of Supervisors reflect that action was taken to
reduce the vesting time for non - uniform employees from six to four
years. Beeler participated in that process. Although Beeler's
term of office would have expired eight months prior to the six
year period for vesting, Beeler did become vested in the Pension
Plan because the vesting time was reduced from six to four years.
Jack Beeler was the only employee who was affected by the vesting
period. Fact Finding 36.
Turning to the matter of overtime, the Kilbuck Township
Auditors did not approve overtime for Beeler serving as roadmaster.
Fact Finding 38. However, Beeler received overtime in the amount
of $2,611.50. Fact Finding 42.
Although the Township Board of Auditors did not approve sick
time for Beeler, bi- weekly time sheets reflect sick hours claimed
and compensation paid for various times between June, 1993 and
November, 1993. However, Beeler was performing secretarial duties
on those days and as such Beeler was actively at work during those
time periods.
Lastly, a review of the Financial Interest Statements of
Kilbuck Township reflect that Beeler did not file for the calendar
years 1989 through 1991. However, Beeler has since filed the FIS's
for the three years in question.
As to the personal vehicle storage, Beeler did park his truck
in the township garage without receiving any approval and without
paying rent. However, the truck was used occasionally by the
Beeler, 93- 049 -C2
Page 19
township as a utility vehicle. Since any benefit that Beeler
received was minimal and offset by the township's use of his
vehicle, such falls within the statutory "de minimis" exclusion to
the conflict definition in the Ethics Law. Hence, no violation
occurred as to the first issue. Schweinsburq, Order 900.
The second issue concerns the receipt of a monthly fuel
allowance for a personal vehicle without auditor approval. Under
the Second Class Township Code, a supervisor is entitled to a
certain fuel allowance only if approved by the board of auditors.
In this case there was no auditor approval. Therefore, there was
a violation as to that allegation. Courter, Opinion 93 -001.
The third allegation concerns a reduction in the vesting of a
pension plan for non- uniformed employees from six to four years
which occurred in a time reference to benefit Beeler who attained
four years of service prior to the expiration of his term of
office. It is clear that the vesting was a financial benefit for
Beeler. Beeler also voted for this benefit. Therefore a technical
violation occurred as to that particular allegation. Rank, Order
909.
The fourth allegation concerns the payment of sick time
received by Beeler. Since the findings reflect that Beeler
actually performed work for the township during this time, we find
no violation as to this allegation.
The fifth allegation concerns the receipt of overtime pay
without auditor approval. Under the Second Class Township Code,
supervisors who are working employees may receive compensation as
township employees provided there is an approval by the board of
auditors. Since the findings reflect that the Kilbuck Auditors did
not approve any overtime, such overtime would not be permissible.
A violation occurred as to this particular allegation. Hessinqer,
Order 931.
The last allegation concerns Beeler's failure to file FIS's
for calendar years 1989 though 1991. Beeler failed to file the
forms for those years but has now filed the forms. A technical
violation occurred as to this allegation.
We conclude that there was no violation as to the storage of
the truck at the township garage and as to the payment of sick
time; a technical violation as to the reduction in the pension
vesting time for the non - uniform employee and FIS filings; and
lastly, violations as to the receipt of a monthly fuel allowance
and overtime pay without auditor approval.
Restitution in the amount of $2,000.00 has been agreed upon by
the parties. Since the parties have contractually agreed as to the
appropriate amount of restitution and since our review of the case
Beeler, 93- 049 -C2
Page 20
reflects that such amount appears to be a fair and appropriate
restitution figure, we accept the restitution figure of $2,000.00
and direct Beeler to make restitution of that amount in a timely
manner as per the agreement of the parties.
IV. CONCLUSIONS OF LAW:
1. Jack Beeler, a Kilbuck Township Supervisor, was a public
official subject to Act 9 of 1989.
2. Beeler did not violate Section 3(a) of Act 9 of 1989 regarding
the storage of his personal vehicle in a Township garage in
that the Township received a benefit of the use of the truck
so that any pecuniary benefit to Beeler was de minimis.
3. Beeler violated Section 3 (a) of Act '9 of 1989 when he received
a monthly fuel allowance for his personal vehicle without
auditor approval.
4. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Beeler participated in a reduction of the
vesting time for a non - uniformed employees Pension Plan from
six to four years which benefited Beeler.
5. Beeler did not violate Section 3(a) of Act 9 of 1989 regarding
the receipt of compensation for sick time in that Beeler
actually performed work for the Township during that time.
6. Beeler violated Section 3(a) of Act 9 of 1989 regarding the
receipt of overtime pay without auditor approval.
7. A technical violation of Section 4(a) of Act 9 of 1989
occurred when Beeler failed to file timely Financial Interest
Statements for the calendar years 1989 through 1991.
8. The private pecuniary benefit received by Beeler was $2,000.
In Re: Jack Beeler File Docket: 93- 049 -C2
Date Decided: 02/23/95
Date Mailed: 03/10/95
ORDER NO. 965
1. Jack Beeler, a Kilbuck Township Supervisor, did not violate
Section 3(a) of Act 9 of 1989 regarding the storage of his
personal vehicle in a Township garage in that the Township
received a benefit of the use of the truck so that any
pecuniary benefit to Beeler was de minimis.
2. Beeler violated Section 3 (a) of Act 9 of 1989 when he received
a monthly fuel allowance for his personal vehicle without
auditor approval.
3. A technical violation of Section 3(a) of Act 9 of 1989
occurred when Beeler participated in a reduction of the
vesting time for a non - uniformed employees. Pension Plan from
six to four years which benefited Beeler.
4. Beeler did not violate Section 3 (a) of Act 9 of 1989 regarding
the receipt of compensation for sick time in that Beeler
actually performed work for the Township during that time.
5. Beeler violated Section 3(a) of Act 9 of 1989 regarding the
receipt of overtime pay without auditor approval.
6. A technical violation of Section 4(a) of Act 9 of 1989
occurred when Beeler failed to file timely Financial Interest
Statements for the calendar years 1989 through 1991.
7. Beeler is directed to make timely restitution in the amount of
$2,000.00 to Kilbuck Township.
a. Compliance of the above will result in the closing of
this case with no further action.
b. Failure to comply will result in the institution of an
order enforcement action.
BY THE COMMISSION,
DANEEN E. REESE, CHAIR