HomeMy WebLinkAbout978 JoinesSTATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
In Re: Lynn Joines File Docket: 94- 015 -C2
Date Decided: 05/19/95
Date Mailed: 05/24/95
Before: Daneen E. Reese, Chair
Austin M. Lee, Vice Chair
Roy W. Wilt
John R. Showers
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 sea.
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 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.
Joines, 94- 015 -C2
Page 2
I. ALLEGATION:
That Lynn Joines, a public official /public employee in his
capacity as a supervisor for Jackson Township, Susquehanna County,
violated provisions of the State Ethics Act (Act 9 of 1989) when
his company, Pickering Farm Equipment, contracted with the township
without an open and public process and when he failed to file
Statements of Financial Interests for the 1991 and 1992 calendar
years.
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).
(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).
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
Joines, 94- 015 -C2
Page 3
II. FINDINGS:
of the year after he leaves such a 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 P.S. §404(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.
1. On February 14, 1994, the Investigative Division of the State
Ethics Commission requested own - motion approval for an
investigation regarding allegations that Lynn Joines violated
provisions of the State Ethics Act (Act 9 of 1989).
2. The Executive Director of the State Ethics Commission approved
the own- motion request for an investigation on February 14,
Joines, 94- 015 -C2
Page 4
1994.
3. At the direction of the Executive Director, the Investigative
Division initiated a preliminary inquiry on February 14, 1994.
4. The preliminary inquiry was completed within sixty days.
5. On April 18, 1994, a letter was forwarded to Lynn Joines, 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
239 409.
b. The domestic return receipt bore the signature of Lynn D.
Joines, with a delivery date of April 21, 1994.
6. The full investigation was commenced at the direction of the
Executive Director of the State Ethics Commission.
7. On August 22, 1994, the Executive Director of the State Ethics
Commission filed an application for a ninety day extension of
time to complete the Investigation.
8. The Commission issued an order on September 12, 1994, granting
the ninety day extension.
9. On November 22, 1994, the Executive Director of the State
Ethics Commission filed an application for a second ninety day
extension of time to complete the investigation.
10. The Commission issued an order on December 18, 1994, granting
the second extension.
11. The Investigative Complaint was mailed to the Respondent on
April 11, 1995.
12. Lynn D. Joines served as a supervisor for Jackson Township,
Susquehanna County, from January of 1980 to September 14, 1993
when he resigned the position.
a. Joines served as Jackson Township Roadmaster from 1980 to
1987.
b. Joines served as Chairman of the
from 1987 to 1993.
13. Pickering Farm Equipment was owned by
from 1957 to 1987.
Board of Supervisors
Raymond C. Pickering
Joines, 94- 015 -C2
Page 5
14. Joines was employed by Pickering Farm Equipment from 1970 to
1987.
15. Joines purchased Pickering Farm Equipment in January of 1987
and has owned the company since that time.
a. Joines owns one hundred percent (100 %) of the business.
b. Pickering Farm Equipment's business address is RD #2, Box
87, Thompson, PA 18465.
16. Jackson Township officials have purchased materials such as
calcium, assorted hardware items, grease, oil, and batteries
from Pickering Farm Equipment, from 1957 to the present, and
had Pickering Farm Equipment repair Township equipment during
that time period.
a. Pickering Farm Equipment is the only major supplier
located in the township.
b. Other vendors offering similar services are located
approximately forty (40) miles from Jackson Township.
17. Jackson Township records confirm the following purchases were
made from Pickering Farm Equipment during the period from July
1, 1989, to August, 1993.
Pickering Date Amount Township Amount Date
Invoice # Check#
11657 08/10/89 $ 33.76
9414 07/26/89 $ 43.03
11097 07/19/89 $ 5.00
11020 07/17/89 $ 71.87
13331 11/07/89 $ 4.04
13454 11/24/89 $ 85.00
3281 11/04/89 $ 624.14
12812 10/23/89 $ 110.00
12379 09/20/89 $ 31.53
13322 11/29/89 $ 13.44
13298 02/05/90 $3,982.50
13500 02/05/90 $1,248.00
13779 03/14/90 $ 4.32
13834 03/20/90 $ 200.00
13115 03/22/90 $ 88.00
13869 03/23/90 $ 18.00
14573 05/07/90 $ 93.44
14157 05/30/90 $ 21.87
3458 06/09/90 $ 59.60
16037 07/11/90 $ 33.75
15480 06/22/90 $ 14.20
4000 $ 226.10 11/06/89
• n
0
4021
n
4031
3633
3632
4037
4065
4078
4094
II
4108
4123
n n
n n
$ 868.15 12/04/89
0
n
n
n
n
n
n
N
$ 13.44 12/28/89
$3,982.50 02/05/90
$1,248.00 02/05/90
$ 4.32 04/02/90
$ 306.80 05/07/90
n n
n n
$ 85.69 06/06/90
$ 81.47 07/02/90
11 n
$ 33.75 08/06/90
$ 126.08 09/03/90
Jones, 94- 015 -C2
Page 6
16821 08/14/90 $ 99.00
16877 08/16/90 $ 12.88
17931 10/23/90 $ 11.36
17995 11/16/90 $ 225.00
3661 11/16/90 $ 60.88
18098 12/03/90 $2,080.00
18567 03/20/91 $ 17.45
18867 03/21/91 $ 205.61
3986 07/02/91 $ 417.81
205415 07/23/91 $ 3.86
19908 07/23/91 $ 8.52
205961 08/01/91 $ 14.61
205882 07/26/91 $ 56.45
206590 09/12/91 $ 35.49
207157 11/04/91 $ 328.00
207211 11/12/91 $ 205.87
207226 11/14/91 $ 201.76
207370 12/07/91 $ 46.80
207635 01/20/92 $ 450.00
207511 01/21/92 $ 9.41
207716 01/31/92 $ 22.00
207751 02/07/92 $ 70.06
208045 03/25/92 $ 18.00
207942 03/30/92 $ 203.28
208469 05/01/92 $ 65.00
208500 05/16/92 $ 240.00
208131 04/03/92 $ 55.48
210171 06/29/92 $ 6.75
210423 07/06/92 $ 2,600.00
210236 07/06/92 $ 16.71
4274 07/06/92 $ 322.00
210441 07/06/92 $ 150.00
210798 07/21/92 $ 11.95
210909 08/21/92 $ 71.28
211638 08/27/92 $ 65.70
211910 09/14/92 $ 121.77
212195 10/02/92 $ 60.85
212459 10/07/92 $ 10.96
4374 10/30/92 $ 943.98
212623 11/30/92 $ 9.01
4394 11/24/92 $ 402.82
213245 01/14/93 $ 20.40
213173 01/26/93 $ 216.95
213256 02/19/93 $ 117.45
213595 04/20/93 $ 190.00
214033 04/20/93 $ 24.00
214233 05/03/93 $ 244.95
214313 05/07/93 $ 26.70
214417 05/14/93 $ 81.00
214472 06/08/93 $ 580.00
216006 07/12/93 $ 26.77
n n n
n n n
4179 $ 297.24 12/27/90
a n n
11 n It
3771 $2,080.00 12/03/90
4219 $ 223.06 06/03/91
n n n
4257 $ 417.81 08/05/91
4284 $ 83.64 09/04/91
n n n
n n n
n n n
3959 $ 363.49 11/04/91
n n n
4324 $ 454.43 12/26/91
n n n
n n n
4335 $ 763.34 04/13/92
n n n
n n It
n n n
n n n
n n n
4117 $3,455.94 07/06/92
n n n
n n n
n n n
n n n
n n 0
n n n
n It 0
4167 $ 270.00 10/05/92
n It n
n n 0
n n n
418 $ 60.85 11/02/92
4209 $ 954.90 12/07/92
n It •
4233 $ 411.86 12/22/92
n It n
4290 $ 237.35 03/01/93
n n n
4323 $ 117.45 04/08/93
4355 $ 460.74 06/07/93
n n n
n n n
4371 $ 107.70 07/05/93
n n n
4384 $ 580.00 08/02/93
4394 $ 297.01 09/13/93
216184
215761
216426
Pickering
Invoice #
11657
9414
11097
11020
13331
13454
3281
12812
12379
13322
13298
13500
13779
13834
13115
13869
14573
14157
3458
16037
15480
Joines, 94- 015 -C2
Page 7
07/19/93 $
07/26/93 $
08/05/93 $
37.90
59.79
172.55
"
"
18. In 1989, 1990, 1991, and 1992 the payee on the checks was
listed as "Pickering Farm Equipment ".
a. The checks contained the endorsement "Pay to the order of
the Grange National Bank of Susquehanna County, New
Milford, PA 031312754 For Deposit Only Pickering Farm
Equipment ".
19. In
1993 the payee on the checks was listed as the "Farm Plan ".
a. The checks contained the endorsement "Credit To Acct of
Named Payee Absence of Endorsement Guaranteed NED Bank,
N.A. 55 Lockbox 55"
20. The "Farm Plan" was a financial plan
Farm Equipment received payments.
21. Joines took the following action
meetings in reference to the approval
Farm Equipment:
Township Date
Check# Of Supervisors
Meeting
4000 11/06/89
4031
3633
3632
4037
4065
"
n
4094
"
"
11
4078
4108
4123
It
"
"
12/04/89
"
"
1
"
12/28/89
02/05/90
02/05/90
04/02/90
05/07/90
t
1,
06/06/90
07/02/90
08/06/90
09/03/90
through which Pickering
at Township Supervisor
of payments to Pickering
Joines Present
And Voted To
Approve Payment
Yes
Yes Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Joins
Signed
Check
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Joines, 94- 015 -C2
Page 8
16821 n "
16877 " to
17931 4179 01/07/91 Yes Yes
17995 " "
3661 0 n
18098 3771 12/03/90 Yes Yes
18567 4219 06/03/91 Yes Yes
18867 " "
3986 4257 08/04/91 Yes Yes
205415 4284 09/09/91 Yes Yes
19908 " "
205961 n n
205882 " "
206590 3959 11/04/91 Yes Yes
207157 " "
207211 4324 12/26/91 Yes Yes
207226 " "
207370 n "
207635 4335 04/13/92 Yes Yes
207511 " "
207716 n n
207751 n n'
208045 " "
207942 n "
208469 4117 07/06/92 Yes Yes
208500 " "
208131 n n
210171 n n
210423 " "
210236 " "
4274 " n
210441 " "
210798 4167 10/05/92 Yes Yes
210909 " "
211638 n n
211910 " "
212195 4184 11/02/92 Yes Yes
212459 4209 12/07/92
4374 " "
212623 4233 12/22/92 Yes Yes
4394 " "
213245 4290 03/01/93 Yes Yes
213173 n n
213256 4323 04/08/93 Yes Yes
213595 4355 06/07/93 Yes Yes
214033 "
214233 " "
214313 4371 07/05/93 Yes Yes
214417 n "
214472 4384 08/02/93 Yes Yes
216006 4394 09/13/93 Yes Yes
216184
215761
216426
Joines, 94- 015 -C2
Page 9
" 11
" n
" u
22. Invoices presented by Joines indicate he was involved in the
following business transactions with Jackson Township and
made the following profit on items sold to Jackson Township:
Pickering Township Amount of Cost To Pickering Profit
Invoice # Check# Bill /Payment For Materials
1989
11657 4000 $ 33.76 $ 26.3E
9414 " $ 43.03 $ 7.40
11097 ■ $ 26.41 $ 16.62
11020 " $ 5.00 $ 3.60 $ 6.58
11021 " $ 71.87 $ 55.29
1 102 " $ 61.5 $ 23.65 $ 17.03 $ 6.62
$ 16.6
13009 " $ 250.00 $ 183.54
$ 5.69 66.46
13331 4021 $ 4'10 $ 1.59
13454 " $ 4.04 $ 2.91
$ 5 .
12812 " $ 85.00 $ 80.00 $ 4
3281 " $ 110.00 $ 85.59 24.41
12379 " $ 6 31.53 $ 522.71 $120.82
$
13322 4031 $ 13.44 $ 9.68 3.76
$ 3.76
TOTAL: $1,301.15
$1,020.54 $280.61
1990
13298 3633 $3,982.50 $3,645.00
13500 3632 $1,248.00 $337.50
13779 4037 $1,171.20 $ 76.80
$ 4.32 $ 3.12 $ 1.20
13834 4065 $ 200.00 $ 191.81 $ 8.19
13115 " $ 88.80
13869 " $ 67.86 $ 20.94
14573 4078 $ 18.00 $ 13.70 $ 4.30
14157 4094 $ 93.44 $ 71.27 $ 22.17
1 418 " $ 21.87 $ 17.26 $ 4.61
$ 59.60 $ 56.77 $ 2.83
16037 4108 $ 33.75 $ 24.33 $ 9.42
15480 4123 $ 14.20 $ 10.06 $ 4.14
16821 $ 99.00
16877 " $ 87.63 $ 11.37
$ 12.88 $ 10.57 $ 2.31
17931 4179 $ 11.36 $ 9.56 $ 1.80
17995 " $ 225.00
3661 n $ 196.50 $ 28.50
6 " $ 60.88 $ 47.97 $ 12.91
36
18 08 " $ 16.67 $ 14.04 $ 2.63
$ 425.16 $ 378.45 $ 46.71
18098 3771 $2,080.00 $2,050.00 $ 30.00
Joines, 94- 015 -C2
Page 10
TOTAL: $8,695.43 $8,067.10 $628.33
1991
18567 4219 $ 17.45 $ 13.76 $ 3.69
18867 " $ 205.61 $ 161.15 $ 44.46
3986 4257 $ 417.81 $ 369.07 $ 48.74
205415 4284 $ 3.86 $ 2.78 $ 1.08
19908 n $ 8.52 $ 6.96 $ 1.56
205961 " $ 14.61 $ 13.88 $ .73
205882 " $ 56.65 $ 43.70 $ 12.95
206590 3959 $ 35.49 $ 26.32 $ 9.17
207157 " $ 328.00 $ 300.36 $ 27.64
207211 4324 $ 205.87 $ 192.05 $ 13.82
207226 " $ 201.76 $ 168.88 $ 32.88
207370 " $ 46.80 $ 38.38 $ 8.42
TOTAL: $1,542.43 $1,337.29 $205.14
1992
207635 4335 $ 450.00 $ 345.00 $105.00
207511 " $ 9.91 $ 7.14 $ 2.77
207716 " $ 22.00 $ 15.84 $ 6.16
207751 " $ 70.06 $ 48.67. $ 21.39
208045 u $ 18.00 $ 12.96 $ 5.04
207942 " $ 203.28 $ 165.86 $ 37.42
208469 4117 $ 65.00 $ 65.00 $ 00.00
208500 " $ 240.00 $ 193.46 $ 46.54
208131 " $ 55.48 $ 42.97 $ 12.51
210171 " $ 6.75 $ 4.74 $ 2.01
210423 " $2,600.00 $2,400.50 $199.50
210236 " $ 16.71 $ 13.78 $ 2.93
4274 " $ 322.00 $ 257.60 $ 64.40
210441 " $ 150.00 $ 108.00 $ 42.00
210798 4167 $ 11.95 $ 10.70 $ 1.25
210909 " $ 71.28 $ 68.22 $ 3.06
211638 " $ 65.20 $ 48.70 $ 16.50
211910 " $ 121.77 $ 87.68 $ 34.09
212195 4184 $ 60.85 $ 42.35 $ 18.50
212459 4209 $ 10.96 $ 9.01 $ 1.95
4374 " $ 943.98 $ 779.40 $164.58
212623 4233 $ 9.01 $ 7.69 $ 1.32
4394 " $ 402.85 $ 342.15 $ 60.70
TOTAL: $5,927.04 $5,077.42 $849.62
1993
213245 4290 $ 20.40 $ 14.69 $ 5.71
213173 " $ 216.95 $ 196.00 $ 20.95
Joines, 94- 015 -C2
Page 11
213256 4323 $ 117.45 $ 107.92 $ 9.53
213595 4355 $ 190.00
214033 " $ 24.00 $ 173.00 $ 17.00
$ 19.20 $ 4.80
214233 " $ 244.95
$ 176.37 $ 68.58
214313 4371 $ 26.70 $ 21.90 $ 4.80
214417 n
$ 81.00 $ 63.18 $ 17.82
214472 4384 $ 580.73 $ 438.13 $142.60
216006 4394 $ 26.77 $ 22.14 $ 4.63
216184 " $ 37.90
215761 " $ 59.79 $ 25.00 $ 12.90
$ 45.99 $ 13.80
216426 " $ 172.55
4585 " $ 315.21 $ 145.12 $ 27.43
$ 249.09 $ 66.12
TOTAL: $2,114.40
$1,697.73 $416.67
23 The following totals were determined from Pickering Farm
Equipment records:
Year
Total Amount of Total Cost To
Bills /Payments Pickering For
Materials
Total Profit
1989 $2,969.94 $2,520.49
$ 280.61
1990
$8,695.43 $8,067.10 $ 628.33
1991 $1,542.43 $1,337.29 $ 205.14
1992 $5,927.04 $5,077.42
1993 $2,114.40 $1,697.73 $ 4 16.67
$ 416.67
Total $21,249.24 $18,700.03 $2,380.37
24. Purchases made in excess of $500.00 as outlined below were not
made through an open and public process.
a. These were purchases of calcium which Joines arranged to
have "drop- shipped" to the township and repairs to
township equipment.
b. Calcium Purchases:
Invoice No. Date Amount
13298 02/05/90 $3,982.50
13500 02/05/90 $1,248.00
18098 12/03/90 $2,080.00
210423 07/06/92 $2,600.00
c. Invoice No. 4374, dated 10/30/92, in an amount of $943.98
was for repairs to township equipment as follows:
Labor: 26 hrs ON 28.00 /hr = $728.00
Outside Labor Calibration = $ 99.98
Joines, 94- 015 -C2
Page 12
Parts
TOTAL
= $116.00
$943.98
25. The repair to the township equipment as outlined in Finding
24(c) was done to avoid the cost of transporting the equipment
approximately forty (40) miles to the nearest dealer.
a. Joines believed he saved the township money by performing
the repairs.
26. The Supervisors discussed the purchases and knew Joines owned
Pickering Farm Equipment but the issue of a possible conflict
of interest was never discussed.
27. Jackson Township was advised by the Department of Auditor
General, Bureau of Audits that the practice of making
purchases from a company owned by a township supervisor would
violate provisions of the Second Class Township Code.
a. This information was provided during an audit exit
conference occurring on May 4, 1992.
b. Lynn Joines did not attend this exit conference.
28. Statements of Financial Interests on file with Jackson
Township confirm the following filings for Lynn Joines:
a. Statement of Financial Interests filed February 1, 1993,
for the 1992 calendar year.
b. Statement of Financial Interests filed January 6, 1992,
for the 1991 calendar year.
29. Joines did not file a Statement of Financial Interests for the
1993 calendar year as a former public official.
III. DISCUSSION:
As a supervisor for Jackson Township, Susquehanna County, Lynn
Joines, hereinafter Joines, 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
Joines, 94- 015 -C2
Page 13
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.
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 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.
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.
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.
There are two issues before us. The first is whether Joines
violated Section 3(a) of Act 9 of 1989, the conflict provision, or
Section 3(f), the contracting provision, as to the allegation that
his company, Pickering Farm Equipment, contracted with the township
without an open and public process. The second issue is whether
Joines violated Section 4(a), the Financial Interests Statement
(FIS) filing requirement, by failing to file FIS's for the 1991 and
1992 calendar years.
Joines served as a Supervisor in Jackson Township, Susquehanna
County, from January 1980 through September 1993. In a private
capacity, Joines has been the owner of Pickering Farm Equipment
since January of 1987. Jackson Township has utilized Pickering
Farm Equipment to purchase various materials and for repair
services from 1957 to the present. Pickering Farm Equipment is the
only major supplier located in the township in that other vendors
Joines, 94- 015 -C2
Page 14
providing similar services are located approximately forty miles
away.
The various purchases that the township made from Pickering
Farm Equipment between July 1989 and August 1993 are delineated in
Fact Finding 17. The actions taken by Joines as a Supervisor
relative to Pickering Farm Equipment invoices, such as voting to
approve those payments and signing checks, are set forth in Fact
Finding 21. The profit that Pickering Farm Equipment made as to
the various sales to Jackson Township for the five year period are
delineated in Fact Finding 22 with the yearly totals set forth in
Fact Finding 23. The total profit for the five years in issue
amounted to $2,380.37. Fact Finding 23. The township purchases
from Pickering Farm Equipment which were in excess of $500.00 and
which were not awarded through an open and public process are
listed in Fact Finding 24. Parenthetically, one particular repair
of township equipment (Fact Finding 24c) was done by Pickering Farm
Equipment in order to avoid the cost of transporting the equipment
forty miles to the nearest dealer.
Although the supervisors discussed purchases with Joines and
knew that Joines owned Pickering Farm Equipment, the issue of a
possible conflict of interest was never discussed. The Auditor
General of the Commonwealth of Pennsylvania advised Jackson
Township that purchasing goods and services from a company owned by
a township supervisor was contrary to the Second Class Township
Code.
Lastly, as to the FIS filings of Joines, there are FIS's on
file for Joines at the township for the calendar years 1991 and
1992; however, Joines did not file an FIS for the calendar year
1993 as a former public official.
In applying the provisions of the Ethics Law, we find
violations of Section 3(a) and 3(f) of Act 9 of 1989. As to
Section 3(a) of Act 9 of 1989, it is clear that Joines used the
authority of office by voting to approve the payments of invoices
and by signing checks for Pickering Farm Equipment. Juliante,
Order 809. That use of authority resulted in a private pecuniary
benefit consisting of the profit received by Pickering Farm
Equipment. The private pecuniary benefit inured to a business with
which Joines is associated. The term business with which
associated is defined as follows under Act 9 of 1989:
65 P.S. §402.
"Business with which he is associated."
Any business in which the person or a member
of the person's immediate family is a
director, officer, owner, employee or has a
financial interest.
Joines, 94- 015 -C2
Page 15
Since Joines was the owner of Pickering Farm Equipment, it is
clear that Pickering Farm Equipment is a business with which he is
associated. Thus, a violation of Section 3(a) of Act 9 of 1989
occurred when Joines used the authority of office to obtain a
private pecuniary benefit for Pickering Farm Equipment, a business
with which he is associated, as to various sales made to Jackson
Township.
As to the certain transactions between Jackson Township and
Pickering Farm Equipment, the record does reflect that certain
contracts which were in excess of $500.00 were not awarded through
an open and public process as required by Section 3(f) of the
Ethics Law. Thus, a violation of Section 3(f) of Act 9 of 1989
occurred in that a business with which Joines is associated,
Pickering Farm Equipment, contracted with Joines' governmental
body, Jackson Township, where the contracts were in excess of
$500.00 and were not awarded through and open and public process
with prior public notice and subsequent public disclosure of all
proposals considered and contracts awarded. Walsh, Order 955.
The Ethics Law requires that public officials /employees
annually file FIS's on or before May lst. In this case the record
reflects that Joines did file Financial Interest Statements for the
calendar years 1991 and 1992 and on that basis we find no violation
of Section 4(a) of Act 9 of 1989. However, the findings also
reflect that Joines did not file a FIS for the calendar year 1993
as a former public official. Although we may not find a violation
for the failure to file for calendar year 1993 for the reason that
this issue is not part of the allegation, we shall direct Joines to
file within thirty days of the date of issuance of this Order an
FIS for the 1993 calendar year. The original FIS should be filed
with this Commission with a copy filed at Jackson Township.
IV. CONCLUSIONS OF LAW:
1. Lynn Joines as a Jackson Township Supervisor, Susquehanna
County, was a public official subject to the provisions of Act
9 of 1989.
2. Joines violated Section 3(a) of Act 9 of 1989 when he used the
authority of office as to the approval and payment of invoices
as to sales and services provided to the township by Pickering
Farm Equipment, a business with which Joines is associated.
3. Joines violated Section 3(f) of Act 9 of 1989 when Pickering
Farm Equipment, a business with which he is associated,
entered into contracts with Jackson Township which were in
excess of $500.00 and were not awarded through an open and
public process.
4. Joines did not violate Section 4(a) of Act 9 of 1989 in that
he filed Financial Interest Statements for the calendar years
1991 and 1992.
In Re: Lynn Joines File Docket: 94- 015 -C2
: Date Decided: 05/19/95
. Date Mailed: 05/24/95
ORDER NO. 978
1. Lynn Joines as a Jackson Township Supervisor, Susquehanna
County, violated Section 3(a) of Act 9 of 1989 when he used
the authority of office as to the approval and payment of
invoices as to sales and services provided to the township by
Pickering Farm Equipment, a business with which Joines is
associated.
2. Joiner violated Section 3(f) of Act 9 of 1989 when Pickering
Farm Equipment, a business with which he is associated,
entered into contracts with Jackson Township which were in
excess of $500.00 and were not awarded through an open and
public process.
3. Joines did not violate Section 4(a) of Act 9 of 1989 in that
he filed Financial Interest Statements for the calendar years
1991 and 1992.
a. Joines is directed within thirty days of the date of
issuance of this Order to file a Financial Interest
Statement for the calendar year 1993 as a former public
official. The original FIS should be filed with this
Commission with a copy filed at Jackson Township.
BY THE COMMISSION,
th
DANEEN E. REESE, CHAIR