HomeMy WebLinkAbout807 DoughertyIn re: David Dougherty
STATE ETHICS COMMISSION
308 FINANCE BUILDING
HARRISBURG, PENNSYLVANIA 17120
: File Docket: 89 -029 -C
Date Decided: July 12, 1991
: Date Mailed: July 16, 1991
Before: Robert W. Brown, Chair
Dennis C. Harrington, Vice Chair
James M. Howley
Daneen E. Reese
Roy W. Wilt
Austin M. Lee
The State Ethics Commission received a complaint regarding a
possible violation of the State Ethics Act, No. 170 of 1978, 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 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 fifteen days after issuance. However, reconsideration may be
requested which will defer public release of this adjudication pending
actin on the request by the Commission. A request for
reconsideration, however, 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 §2.38.
The files in this case will remain confidential in accordance
with Section 8(a) of Act 170 of 1978 and Section 8(h) of Act 9 of
1989 during the fifteen day period and no one unless the right to
challenge this Order is waived, may violate confidentiality does not
preclude discussing this case with an attorney at law.
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, 65 P.S. 409(e).
ADJUDICATION
I. ALLEGATION:
That you, Chairman of the Shenango Township Municipal Authority,
violated Section 3(a) and Section 3(c) of the State Ethics Act
(Act 170 of 1978), when you were hired by the Authority as a
Construction Inspector for the Township's Municipal Sewage
Construction Project:
Section 3. Restricted Activities
(a) No public official or public employee shall
use his public office or any confidential
information received through his holding public
office to obtain financial gain other than
compensation provided by law for himself, a member
of his immediate family, or a business with which
he is associated. 65 P.S. 5403(a).
II. FINDINGS:
Section 3(c) of the Ethics Act provides:
(c) No public official or public
employee or a member of his immediate
family or any business in which the
person or a member of the person's
immediate family is a director,
officer, owner or holder of stock
exceeding 5% of the equity at fair
market value of the business shall enter
into any contract valued at $500 or more
with a governmental body 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. Any contract
made in violation of this subsection
shall be voidable by a court of
competent jurisdiction if the suit is
commenced within 90 days of making of
the contract. 65 P.S. 5403(c).
1. David Dougherty has served as a member of the Shenango
Township Municipal Authority, Lawrence County, for
approximately twenty years.
a. Dougherty has been Chairman of the Shenango
Township Municipal Authority Board for at least
ten of those years.
Dougherty, 89 -029 -C
Page 3
b. Dougherty was appointed to the Authority by the
Shenango Township Supervisors.
2. The Shenango Township Municipal Authority (STMA) was created
to plan and construct additions and improvements to the
existing sewer systems in Shenango Township, City of New
Castle and South New Castle Borough.
3. The Shenango Township Municipal Authority applied for
funding through the Environmental Protection Agency for the
improvements to the sanitary sewer system.
a. The Federal Identification: C- 421292 -02
b. Type of Application: Basic Grant
c. Proposed Funding: $6,155,250
d. Certified By: David Dougherty, Chairman
e. Date: 2/28/84
4. Part V, of the grant application contained the Assurances
Clause that the STMA would comply with regulations,
guidelines, policies and requirements established by federal
guidelines as they relate to the application, acceptance and
use of federal funds for the project. Item 12 of the
assurances provided as follows:
a. It will establish safeguards to prohibit employees
from using their positions for a purpose that is
or gives the appearance of being motivated by a
desire for private gain for themselves or others,
particularly those with whom they have family,
business or other ties.
5. The Shenango Township Municipal Authority received a
$6,323,840 grant through the Environmental Protection Agency
for the construction and improvement in sewer systems.
a. The Department of Environmental Resources
certified the grant on May 24, 1984.
b. The EPA approved the grant in July 1984.
6. The Shenango Township Municipal Authority discussed the
proposed sewer line at various board meetings and took
action at meetings regarding appointment of officers and
payment of bills relating to the construction of the sewer
project.
a. July 11, 1984:
Authority Engineer, Wilbur VanRyper, reported that
Dougherty, 89 -029 -C
Page 4
the Authority just received the notification from
the EPA in regards to that grant. The Authority
now has twenty -one days to sign and return the
papers if we wish to continue into the design
stage and receive funding. VanRyper also reviewed
the Preliminary Requirements of the DER. The
total construction costs are $7,933,400.00 of
which $6,155,000.00 are funded. VanRyper also
reviewed the payments and their dates. Fred
Pflugh made the motion to sign and return the
grant and also sign the engineering agreements.
Michael Buly seconded the motion and the motion
passed.
Present: Dougherty, Pflugh, Buly and Weingartner
b. January 29, 1985:
The Authority held a yearly reorganizational
meeting. Fred Pflugh made the motion that the
present officers remain in their present offices
for the 1985 year: which would be Dave Dougherty
as Chairman, Fred Pflugh as Treasurer and Tom
Weingartner as Secretary. The motion passed.
Engineer VanRyper brought with him many maps of
the areas that are designated to get sewers
covered by the EPA Grant.
Present: Dougherty, Pflugh and Weingartner
c. January 28, 1986:
VanRyper reported that the DER is in the process
of it's final review which should take two more
weeks. He also reported that the engineers are in
the process of setting the easement descriptions.
Tom Weingartner made the motion to keep the same
officers for 1986 as they were last year, which is
Dave Dougherty as Chairman, Tom Weingartner as
Secretary, John Pflugh as Treasurer and to also
retain Dick Audino as the Authority Solicitor,
Consoer- Townsend as Authority Engineer, and Corbis
Walker as Authority Accountants. Mike Buly
seconded the motion and the motion passed. The
Authority talked about hiring a manager. Motion
made by Tom Weingartner, and seconded by Mike
Buly, that the Authority hire Don Nagle as their
Authority Manager. The motion passed.
Dougherty, 89 -029 -C
Page 5
Motion passed authorizing any two of three
officers to conduct business involving MMIA
accounts and one checking account.
Present: Dougherty, Weingartner, Pflugh and Buly
d. July 15, 1986:
Engineer Palkovic reported that he received a
letter from the DER on July 10 which authorized
the Authority to advertise the sewer project for
bid. The Authority must advertise and wait for a
minimum of thirty days before opening bids. Paul
Morrone, made a motion to advertise the sewer
project for bid in the New Castle News on July 21.
The bids will be accepted up to 8:00 p.m. on
September 9, 1986 at which time the bids will be
opened. The Authority will hold a special meeting
on September 9, 1986 to begin at 7:300 p.m. Mike
Buly seconded the motion and the motion passed.
Present: Dougherty, Buly, Morrone and Weingartner
e. January 27, 1987:
Engineer Palkovic suggested that the Authority
advertise for construction inspectors. Mike Buly
made a motion to advertise in the New Castle News
and Ellwood City Ledger for five straight days,
with a deadline on accepting resumes of thirty
days after the last ad. Tom Weingartner seconded
the motion and the motion passed.
Motion by Buly, seconded by Pflugh, to maintain
the same officers as last year: Chairman - David
Dougherty; Treasurer - J. Pflugh; Secretary - T.
Weingartner; Engineer - Consoer- Townsend. Motion
carried.
Present: Dougherty, Pflugh, Buly and Weingartner
f. February 24, 1987:
Frank Palkovic of Consoer - Townsend reported that
he had talked to Dale Foster of DER, and they are
issuing a letter to Shenango Township Municipal
Authority that they are authorized to issue
notices to proceed with the project. Bill
Sennett, of Knox, McLaughlin, Gornall and Sennet
has sent information to major insurance companies
concerning the issue of insurance. We were
Dougherty, 89 -029 -C
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informed that by the next meeting, the proposal to
buy the bonds will be prepared with a closing of
April 15. At this time, contractors will be
notified to proceed.
S. Rosin of South New Castle Borough claimed that
they have not been properly involved in the
planning and installation procedure for the
sewers. He feels that Shenango Township is
dictating the rates to South New Castle Borough
and making changes in the design. Engineer
Wilson, South New Castle Borough, wants to know
what inspector will be assigned to their area, so
they can review their qualifications. Secretary
will notify Wilson when resumes are reviewed -
about twenty applications.
Present: Pflugh, Buly and Dougherty
g. March 24, 1987:
Wilbur Hughes will be the Resident Engineer for
Consoer - Townsend Associates.
Dave Dougherty will start to notify candidates for
inspector positions. They will each be
interviewed.
Motion carried to approve manager's salary at
$12.00 /hour.
Present: Dougherty, Pflugh and Buly
h. May 26, 1987:
Engineer Hughes reported that 25% of Division C is
completed which is being done by B &B Construction
Company, and Eastern Construction Company started
on May 26 to work on Big Run Interceptor.
Engineer Palkovic reported that he is preparing
the second partial payment request for EPA. He
also reported that the trustee (First Seneca Bank)
wants the Authority to set up two funds:
1.
2.
Engineer
requests
Administrative Fund - For administrative
expenses which includes office wages.
Payroll Fund - For inspector wages.
Palkovic submitted ten construction bill
for approval by the Authority, and they
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Page 7
included #10 Shenango Township Municipal
Authority, June Inspectors payroll, $35,000.00.
Paul Morrone made a motion to approve the request.
John Pflugh seconded it and the motion passed.
Present: Dougherty, Morrone, Pflugh and
Weingartner
i. July 28, 1987:
Engineer Palkovic submitted to the Authority the
following list of payment requests totalling
$682,082.45. Item #30 on the list was $20,000.00
for Shenango Township Municipal Authority
(Inspector Payroll). Palkovic reported that he
had the EPA partial payment request #4 for
$542,700 ready to be submitted. John Pflugh made
a motion to approve the payment requests and
forwarded them onto the trustee for payment. Tom
Weingartner seconded the motion and the motion
passed.
Present: Pflugh, Weingartner and Dougherty
j. August 25, 1987:
John Pflugh made a motion to approve and submit to
the trustee for payment the following request:
Item #36, $25,000.00, Shenango Township Municipal
Authority (Inspector Payroll). Mike Buly seconded
the motion and the motion passed.
Present: Dougherty, Pflugh, Buly and Morrone
k. September 22, 1987:
It was moved by P. Morrone, and seconded by J.
Pflugh, to pay request #46 -53. #46 is Shenango
Township MA, Inspector Payroll, $25,000.00.
Motion passed. Motion by T. Weingartner, and
seconded by T. Morrone, to make partial payment
request to EPA as soon as Chairman Dougherty signs
the papers. Motion passed.
Present: Weingartner, Pflugh and Morrone
1. February 23, 1988:
John Pflugh made a motion to pay the following
request: Item #3 is Inspector Payroll Account,
$10,000.00. Tom Weingartner seconded the motion
Dougherty, 89 -029 -C
Page 8
and the motion passed.
Present: Dougherty, Weingartner, Fiacco and
Pflugh
m. March 22, 1988:
John Pflugh made a motion to approve and submit
to the trustees for payment the following payment
request number 90 through 96, totalling
$207,433.34: Item #95 was $10,000.00, Shenango
Township Municipal Authority (Inspector Payroll).
Present: Dougherty, Pflugh, Fiacco and
Weingartner
n. April 27, 1988:
Motion made by John Fiacco, and seconded by John
Pflugh, to make the following request: Item #104,
Inspector's Payroll Account, $12,000.00. Motion
passed.
Present: Dougherty, Pflugh and Fiacco
o. May 24, 1988:
John Fiacco made a motion to accept and authorize
the trustee to make payment for Requests #105 to
#114 to reimburse the petty cash account. Request
#112 was for $15,000.00, Shenango Township
Municipal Authority Inspector Payroll. John
Pflugh seconded the motion. All board members
voted in favor except Paul Morrone who voted
against the motion. The motion passed.
Present: Dougherty, Weingartner, Pflugh, Morrone
and Fiacco
p. June 28, 1988:
John Pflugh made a motion that the following bill
request be submitted to the trustee for payment:
Item #119, $12,000.00. Shenango Township
Municipal Authority (Inspector Payroll). Tom
Weingartner seconded the motion.
Members: Dougherty, Pflugh and Weingartner voted
in favor, and member Fiacco voted against the
motion. Therefore, the motion passed.
Dougherty, 89 -029 -C
Page 9
q.
Present: Dougherty, Pflugh, Fiacco and
Weingartner
July 26, 1988:
John Pflugh made a motion for the Authority to
approve and to submit to the trustee for payment,
Bureau Request Nos. 134 -143, totalling
$385,523.44. John Fiacco seconded the motion and
the motion passed. Item #137, $12,000.00,
Shenango Township Municipal Authority (Inspector
Payroll).
Present: Dougherty, Morrone, Fiacco, Pflugh and
Weingartner
r. August 30, 1988:
Tom Weingartner made a motion to approve and
submit to the trustee bill payment request #145
through 153, totalling $263,071.53. Item #149,
$5,000.00, Inspector Payroll. John Fiacco
seconded the motion and the motion passed
unanimously.
Present: Morrone, Fiacco and Weingartner
Absent: Dougherty and Pflugh
s. September 27, 1988:
A letter was read from Consoer - Townsend &
Associates dated August 31, 1988 asking for an
extension of the contract for engineers at the
same rate as has been maintained throughout the
contract. It was moved by P. Morrone, and
seconded by J. Fiacco, to grant this request of
Consoer - Townsend. Motion passed.
Wilbur Hughes reported that 94% of the time has
expired for the contract. He gave a report for
Division A that it is progressing; for Division
B, no progress; and Division C &D, he recommended
the acceptance of certain sewer lines and
underground work only.
Contractor D has asked for reduction of retainage
to one percent. He would like the Authority to
give the engineer authority to approve lines piece
meal so that lines can be turned over to the
township. Motion by P. Morrone, and seconded by
Dougherty, 89 -029 -C
Page 10
J. Fiacco, to accept underground work as
recommended. These roads to be turned over to the
supervisors. Motion passed. Motion by P.
Morrone, and seconded by J. Fiacco, to accept
underground work on lines that are done, but are
not ready for turnover.
David Dougherty read the bills on a motion by
P. Morrone, and seconded by J. Fiacco, and passed
to pay the following bills: Item #158, Shenango
Township, Inspector Payroll, $3,000.00, Authority
Inspectors.
Present: Dougherty, Pflugh, Morrone and Fiacco
t. October 11, 1988:
Chairman Dougherty explained the purpose of the
meeting was to discuss and act upon an amendment
from the engineering contract. Dougherty read
three letters from Consoer - Townsend. The first
letter dated August 22, requested an additional
$35,000.00 because of additional work in regard to
the extra rock encountered during construction in
Division C, B, D and A. The second letter
summarized the cost incurred for the extra rock
removal, and the third letter quoted Mr. Foster
from DER in which he stated that the change orders
would be grant eligible, therefore, making the
extra engineering costs grant eligible.
Engineer Palkovic summarized the extra work that
Consoer- Townsend performed enabling the Authority
to have an increase in the EPA Grant of
$931,000.00.
Present: Dougherty, Pflugh, Fiacco and
Weingartner
u. October 29, 1988:
Paul Morrone made a motion to extend only the
electrical portion of the sewer contract for
thirty days for Section D. John Fiacco seconded
the motion. Directors Morrone and Fiacco voted in
favor of the motion, and Dougherty, Pflugh and
Weingartner voted against the motion. The motion
failed to pass.
Paul Morrone, then made a motion to extend the
complete contract with Figley Construction Company
Dougherty, 89 -029 -C
Page 11
for Section D for thirty days. The motion was
seconded by J. Pflugh. The motion passed to
extend the contract as Directors Morrone, Pflugh
and Weingartner voted in favor. John Fiacco voted
against, and D. Dougherty abstained.
John Fiacco asked how many people the Authority
was presently using for inspectors.
Present: Dougherty, Pflugh, Weingartner, Morrone
and Fiacco
v. November 22, 1988:
After discussion, and a recommendation by
Solicitor Audino and Engineer Hughes about
extending B &B's contract for 45 days from
11/28/88, John Pflugh made a motion to approve
this recommendation, and Tom Weingartner seconded
the motion. Directors Dougherty, Weingartner and
Pflugh voted in favor of the motion. Fiacco voted
against the motion. Motion passed.
Present: Dougherty, Weingartner, Pflugh and
Fiacco
w. September 8, 1989:
The meeting was opened by Attorney Audino
explaining the situation with money being released
by DER ($387,000.00). He also explained that
there was not enough money to pay the bills in
full. Chairman Dougherty reviewed the bills and
suggested the following bills be paid. Motion by
J. Fiacco, and seconded by J. Pflugh, to make
payments as delineated above. Motion passed.
Present: Dougherty, Fiacco and Pflugh
7. The Shenango Township Municipal Authority bid the project
(EPA -C- 421292 -02) and arranged for financing by the sale of
general obligation and assessment bonds:
a. Bids for proposals were advertised in the New
Castle News on July 21, 1986.
b. Bids were advertised for sewer improvements:
1) Division A - Big Run Interceptor
2) Division B - Sanitary Sewers, South New
Dougherty, 89 -029 -C
Page 12
Castle Borough
3) Division C -I - General Construction
Sanitary Sewers
4) Division C -II - Electrical, North
5) Division D -I - Sanitary Sewers, General
Construction, South
6) Division D -II - Electrical, South
c. Bids were awarded on September 9, 1986:
1) Division A — Eastern Ohio Construction
Company, Inc. ($984,369.50)
2) Division B - Graziani Construction
Company, Inc. ($628,858.00)
3) Division C -I - B &B Construction Company
of Ohio, Inc. ($2,270,035.23)
4) Division C -II - Blackhawk Neff, Inc.
($33,486.00)
5) Division D -I - B &B Construction Company
of Ohio, Inc. ($2,678,665.83)
6) Division D -II - Bruce & Merrilees
Electric ($5,895.00)
d. Notices to proceed were issued to each contractor
on May 7, 1987.
e. All work was anticipated to be completed by
October 29, 1988.
8. Consoer- Townsend & Associates, Inc. was selected by the STMA
as the consulting engineers for the sewer line project.
a. Consoer- Townsend had the responsibility for the
design of the project.
b. The design of the sewers in South New Castle
Borough was subcontracted to John Wilson &
Associates.
c. Consoer - Townsend would provide a resident engineer
for the project who would report to the Authority.
Dougherty, 89 -029 -C
Page 13
9. On November 25, 1986, the Shenango Township Municipal
Authority entered into an agreement with PRC Consoer-
Townsend to provide engineering services for the proposed
additions and improvements to the sewer system.
a. Division E - Detailed observation of construction
provided that:
Construction work shall be done under the .
full -time observation of a representative of
the engineers and by such additional filed
representatives as may be required for
observing the construction of the project.
It is understood and agreed that all such
full -time field representatives may be
furnished by the owner and, whether furnished
by the owner or by the engineers, shall be
mutually satisfactory to the owner and the
engineers.
b. The agreement was signed by David Dougherty,
Chairman of STMA and R. Ceppi for Consoer-
Townsend.
10. On August 11, 1986, Frank Palkovic, Resident Engineer for
Consoer - Townsend Engineering, advised the STMA of DER
requirements for the hiring of inspectors for the
construction phase of the sewer improvement project.
The following procedures must be followed:
a. The position must be publicly advertised in the
local newspapers and proof of advertisement
provided.
b. Candidates should be interviewed and the best
qualified selected.
c. A standard agreement must be prepared and executed
between the Authority and each inspector.
d. This agreement should indicate the duties of the
inspector, wages and benefits to be paid, and an
estimated length of employment.
e. Included and made part of the agreement must be an
executed EPA Form 5700 -41 and EPA Regulations 40
CFR, Part 33, Subpart F.
f. EPA Regulations 40 CFR, Part 33, Subpart, Section
30.613, dealing with conflicts of interest,
Dougherty, 89 -029 -C
Page 14
provides that EPA's policy is to prevent conflicts
of interest or the appearance of such conflicts of
interest in the award and administration of EPA
assistance, including subagreements.
1) Section 30.613(a) provides, in part:
a) An official or employee of a
recipient may not participate
in any activity relating to
EPA assistance if any of the
following persons or
organizations, to the
official's or employee's
knowledge, has a financial
interest in the activity.
(1) The official or
employee himself:
2) Section 30.613(a) provides, in part:
b) Officials and employees of
recipients must avoid any
action which might result in,
or create the appearance of:
(1) Using official
position for private
gain;
(2) Giving preferential
treatment to any
person;
(3) Losing independence
or impartiality;
(4) Making an official
decision outside
official channels;
or
(5) Undermining public
confidence in the
integrity of EPA
programs.
11. The Shenango Township Municipal Authority published an
advertisement in the New Castle News and the Ellwood City
Ledaer newspapers from February 2 through the 6th, 1987, for
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Page 15
construction inspectors. The advertisement contained the
following:
a. Applications are invited for the position of
construction inspector.
b. Responsibilities Include:
1) Inspection of the installation of
various diameter sewer lines including
excavation, back fill and restoration to
insure procedures and materials comply
with plans and specifications.
2
3
4
Verification of dimensions and various
structural installations and layouts.
Interpretation of plans and
specifications to insure compliance with
regulations governing construction.
Recording of quantities of materials
received or used during specified
periods.
5) Preparation of sketches of construction
deviations from contract drawings.
6) Preparation of written daily reports.
c. Candidates should have knowledge of construction
methods and materials. Related inspection
experienced preferred.
12. The Shenango Township Municipal Authority received
approximately (75) resumes for the position of construction
inspector.
a. The members of the Authority reviewed the resumes
and interviewed approximately (30) applicants.
b. The interviews were conducted by Authority members
including David Dougherty; Engineer Wilbur Hughes
and Authority Manager, Donald Nagle.
c. Five inspectors were initially hired. Other
inspectors were subsequently hired as the project
progressed.
13. The STMA entered into agreements for inspection services
with the following individuals:
Dougherty, 89 -029 -C
Page 16
a. James Caster - August 17, 1987
b. Robert Dean - April 11, 1987
c. Randy Dunn - April 11, 1987
d. Larry Kwolek - April 11, 1987
e. John Miller - May 28, 1987
f. Donald Mount - April 11, 1987
g. Gregory Nastal - August 19, 1987
h. Tom Otell - April 11, 1987
All of the above agreements were signed by David Dougherty,
Chairman of the STMA.
14. The official records of the Shenango Township Municipal
Authority do not reflect that the hirings of the inspectors
were formally approved by the Authority board.
15. The STMA entered into agreements for inspection services
with the individuals hired as construction inspectors.
a. Duties were prescribed as follows:
1) Perform assignments as directed by the
resident engineer and /or assistant
resident engineer.
2) Inspect installation of various diameter
sewer lines including excavation, back -
fill, and restoration to insure
procedures and materials comply with
plans and specifications.
3) Measure distances to verify accuracy of
dimensions of structural installations
and layouts.
4) Observe work in progress to insure that
procedures followed and materials used
conform to specifications.
5) Examine workmanship of finished
installations for conformity to
standards.
Dougherty, 89 -029 -C
Page 17
6
7
Record quantities of materials received
or used during specified periods.
Prepare sketches of construction
installations that deviate from contract
requirements and report such change for
incorporation on record drawings.
8) Prepare written daily reports.
b. It is understood, and agreed by the Authority and
the inspector, that 40 CFR, Subpart F,
Subagreement Provisions is attached hereto and
made a part of this Agreement.
c. It is understood and agreed that the maximum cost
ceiling paid by the Authority for services
rendered under this agreement, which includes all
wages, social security, and workmen's compensation
insurance contributions, shall be set at $41,
250.00.
16. The agreements for inspection services were amended on July
17, 1987 to include the following:
a. The Pennsylvania Department of Environmental
Resources and United States Environmental
Protection Agency are requiring certain additional
conditions be incorporated into the Agreement.
b. In the event any discrepancies or ambiguities are
found between the Agreement and E.P.A. 40 CFR,
Subpart F, Subagreement provisions, which are
attached to and made a part of the Agreement, the
Subpart F, Subagreement provisions shall apply.
c. The Authority agrees to compensate the Inspector
for services rendered at the rates set forth in
the Agreement by making bimonthly payments to the
inspector.
17. In a letter dated July 31, 1987, Dale Foster, Project
Manager, Bureau of Water Quality Management, PA Department
of Environmental Resources, advised David Dougherty as
Chairman of STMA that contracts for the construction
inspectors in accordance with 40 CFR Part 33 and Section 205
(g) has been approved.
a. The construction inspectors were identified as
Robert Dean, Randy Dunn, Larry Kwolek, Edward
McKinney, John Miller, Donald Mount and Thomas
Dougherty, 89 -029 -C
Page 18
Otell.
18. In a memo dated September 11, 1987, Gertrude Bryson,
Contract Analyst for the Division of Municipal Facilities
and Grants, advised Dale Foster, DER Project Manager, that
approval was recommended for the Agreements for Inspection
Services between STMA and James Carter and Greg Nastal.
19. David Dougherty was hired as a construction inspector by. the
STMA.
a. Records are devoid of any information as to
whether the hiring was or was not approved at a
meeting of the Authority.
b. Dougherty did not submit a resume for the position
of construction inspector.
c. David Dougherty was not interviewed for the
position of construction inspector.
d. At the time of his hiring as an inspector,
Dougherty was furloughed from his employment as a
union plumber at the Shippingport Nuclear Power
Plant.
e. Dougherty worked for the Authority as an inspector
during periods when he was furloughed from his
union position.
20. David Dougherty entered into an agreement for inspection
services with the STMA.
a. The agreement is dated October 12, 1987.
b. The agreement contains identical provisions as
those entered into between the Authority and the
other inspectors.
c. The agreement is signed by Thomas Weingartner for
the STMA.
d. A subsequent agreement, dated May 2, 1988, was
also signed by Weingartner and Dougherty.
21. Dougherty also entered into an amendment to the agreement
for inspection services with the STMA.
a. The amendment is dated October 12, 1987.
b. Dougherty signed the agreement as both inspector
Dougherty, 89 -029 -C
Page 19
and authority member.
c. A second amendment was signed on May 2, 1988 by
Thomas Weingartner for the STMA and Dougherty as
the inspector.
22. A subagreement review checklist for Project No. C- 421292,
Step 4, for the hiring of construction inspectors was
prepared by Dale Foster.
a. Inspectors and hiring dates were identified:
1) George Doyle - 10/23/87
2) Harry Armagost - 10/23/87
3) David Dougherty - 10/12/87
4) Charles March - 10/14/87
b. Foster noted in his review:
David Dougherty is the Authority Chairman.
Denis Rigney at EPA III had indicated that,
while there is a potential conflict of
interest, we have no real reason to not
approve the agreement. Dave Dougherty has
since terminated his agreement. I recommend
approval of these interim inspector
agreements.
c. The checklist is signed by Foster and dated
December 10, 1987. D.E. Milhous, Chief Permits
and Grants Section, also signed the checklist on
January 8, 1988.
d. Gertrude Bryson approved Foster's recommendation
on December 21, 1987.
23. By letter dated January 12, 1988, Dale Foster notified David
Dougherty in his capacity as Chairman of the Shenango
Township Municipal Authority that in accordance with 40 CFR
Part 33 and Section 205(g) of the Federal Clean Water Act,
the contracts with James Carter, Greg Nastal, George Doyle,
Harry Armagost, David Dougherty and Charles March to provide
construction inspection services was approved.
24. Shenango Township Municipal Authority payroll records
confirm the following hours for which David Dougherty was
compensated:
Dougherty, 89 -029 -C
Page 20
a. For the October 16, 1987 through November 1987
period:
Regular Hours - 212 Hours
Overtime - 10 Hours
Rate - $12.00 /Hour; $18.00 /Hour Overtime
Gross Wages - $2,724.00
Net Pay - $2,128.07
b. For the period of May through November 30, 1988:
Regular Hours - 1,121 Hours
Overtime - 52.5 Hours
Gross Wages - $14,397.00
Net Pay - $11,294.00
25. Records of the Shenango Township Municipal Authority confirm
that payroll account checks were made payable to David L.
Dougherty. Dougherty approved (15) of the (18) checks
issued to him:
a. 1987
Check No. 286, October 30,
David L. Dougherty, Thomas
Check No. 276, October 16,
David L. Dougherty, Thomas
Check No. 308, November 16
David L. Dougherty, Thomas
E. Pflugh, David L.
Check No. 462, June
E. Pflugh, Thomas P
Check No. 476, June
E. Pflugh, David L.
1987, $812.70, Signed
P. Weingartner
1987, $322.26, Signed
P. Weingartner
, 1987, $864.01, Signed
P. Weingartner
Check No. 336, December 1, 1987, $129.10, Signed
David L. Dougherty, Thomas P. Weingartner
Check No. 444, May 16, 1988, $755.18,
Dougherty
1, 1988, $923.48,
. Weingartner
16, 1988, $828.89,
Dougherty
Signed John
Signed John
Signed John
Signed
Signed John
Check No. 514, August 1, 1988, $808.54,
John E. Pflugh, David L. Dougherty
Check No. 502, July 15, 1988, $919.97,
E. Pflugh, David L. Dougherty
Check No. 489, July 1, 1988, $959.95, Signed John
Dougherty, 89 -029 -C
Page 21
26. W -2 wage
Township
David D.
16101:
a.
E. Pflugh, Thomas P. Weingartner
Check No. 548, September 16, 1988, $755.18, Signed
John E. Pflugh, David L. Dougherty
Check No. 537, September 1, 1988, $894.26 Signed
David L. Dougherty, Thomas P. Weingartner
Check No. 526, August 16, 1988, $949.55, Signed.
David L. Dougherty, Thomas P. Weingartner
Check No. 575, November 1, 1988, $828.89, Signed
David L. Dougherty, Thomas P. Weingartner
Check No. 570, October 16, 1988, $755.18, Signed
John E. Pflugh, Thomas P. Weingartner
Check No. 556, September 30, 1988, $828.89, Signed
John E. Pflugh, David L. Dougherty
Check
David
Check
David
No. 589, November 16, 1988, $828.89, Signed
L. Dougherty, Thomas P. Weingartner
No. 592, November 25, 1988, $257.15, Signed
L. Dougherty, John E. Pflugh
and tax statements on file with the Shenango
Municipal Authority confirm the wages received by
Dougherty, 1120 Dougherty Road, New Castle, PA
1987 - $2,724.00
b. 1988 - $14,397.00
27. On March 24, 1987, the Environmental Protection Agency (EPA)
issued a project management conference report for the STMA
sewer project. This report outlined information regarding
the hiring of construction inspectors.
a. The report contained minutes of a pre - construction
meeting of the STMA.
b. The resident engineer would be provided by the
consulting engineer, and all inspectors would be
selected and employed by the Authority but would
be under the direct supervision of the engineer.
28. All inspectors hired by the STMA were to report directly to
Wilbur Hughes, Resident Engineer for Consoer - Townsend.
Dougherty, 89 -029 -C
Page 22
a. David Dougherty was one of the inspectors who
reported to Hughes.
b. Hughes would report directly to David Dougherty,
Chairman of the STMA.
29. David Dougherty maintained a field notebook during his
employment as a construction inspector.
a. The log contained entries of Dougherty's daily
activities.
b. Dougherty reported to Hughes on a daily basis.
30. The STMA issued a termination notice to David Dougherty
dated November 2, 1988. The notice provided:
a. In accordance with the agreement entered into
between Shenango Township Municipal Authority and
Inspector, David L. Dougherty, for Inspection
Service, written notice is hereby given to cancel
said agreement as of November 11, 1988. Any work
after this date will be on a day -by -day basis.
b. Handwritten on the notice was: Dave finished
working on Friday, November 18, 1988.
c. The notice is signed by Donald Nagle, STMA
Manager.
31. The EPA submitted Interim Inspection Reports for the STMA
project. The reports were related to construction
management and included listings of construction inspectors
employed at various stages of the project.
a. June 1, 1987:
Report identified that (5) inspectors had been
hired. The inspectors will be under the direct
supervision of Wilbur Hughes, Project
Representative for PRC Consoer- Townsend.
Inspectors hired were Robert Dean, Randy Donn,
Larry Kwolek, Ed McKinney, John Miller, Dick Mount
and Tom Otell.
b. August 13, 1987:
Project approximately 17% completed.
c. December 17, 1987:
Dougherty, 89 -029 -C
Page 23
Project approximately 59% completed.
David Dougherty included on list of inspectors.
d. January 26, 1988:
Project approximately 78% completed.
(3) inspectors listed: Dick Mount, James Carter
and Harry Armagost.
e. April 25, 1988:
Project approximately 80% completed.
(4) inspectors listed: Dick Mount, James Carter,
Harry Armagost and Tom Otell.
f. May 27, 1988:
Project approximately 80% completed.
Same inspectors as 4/25/88.
g. August 1, 1988:
Project approximately 90% completed.
(5) inspectors listed: Dick Mount, Randy Dunn,
Harry Armagost, Dave Dougherty and John Miller.
h. November 22, 1988:
Project approximately 95% completed.
(3) inspectors listed: Dick Mount, Harry Armagost
and Dave Dougherty.
i. December 16, 1988:
Construction approximately 97% completed.
Dave Dougherty listed as Chairman /STMA.
j. January 10. 1989:
Construction 98% completed.
Dougherty listed as Chairman /STMA.
Dougherty, 89 -029 -C
Page 24
32. All partial payment requests submitted to the EPA for
approval were signed by David Dougherty as Chairman of the
Authority.
a. All of the payment requests were approved by STMA
board.
b. Dougherty participated in those decisions.
c. Payment requests included the salary for all
construction inspectors.
33. By letter dated May 5, 1989, Anthony Maisano, Chief of
Administrative Services, Division of Municipal Facilities
and Grant, requested a review by the U.S. Environmental
Protection Agency of the hiring by the STMA of David
Dougherty as an inspector.
a. The letter advised that Dougherty was one of the
individuals hired as an inspector.
b. DER approved the construction inspectors contracts
during the procurement review but did not
recognize that the authority chairman was one of
the inspectors.
c. EPA's review and opinion was requested as to
whether a conflict of interest existed, and if so,
the procedures to follow to remedy the situation.
34. By letter dated June 2, 1989, William Bulman, Chief of
Construction Grants Branch of United States Environmental
Protection Agency, responded to Maisano's May 5, 1989 letter
and advised that David Dougherty's employment could
constitute an apparent conflict of interest. That letter
provided, in part, as follows:
a. As indicated in correspondence from Mr. Dale
Foster of your office, we advised him that we
believed there did not appear to be a conflict of
interest concerning the Authority's action in this
regard. After further research into this matter,
however, we believe the Authority's employment of
their chairman for project inspection services
could constitute an apparent conflict of interest.
EPA regulation 40 CFR 33.270, subtitled Code of
Conduct Regulations, outlines the guidance to be
utilized by grant recipients regarding conflict of
interest issues. Based on the discussion
contained therein, we would advise grantees in
the future to avoid the use of personnel in such a
Dougherty, 89 -029 -C
Page 25
III. DISCUSSION:
manner, which would place themselves
of an apparent conflict of interest.
b. The question of any violation of the
Ethics should be considered.
in a position
State Code of
35. As a member of the Shenango Township Municipal Authority,
David Dougherty did not file annual Statements of Financial
Interests for the 1985, 1986, 1987, 1988 and 1989 calendar
years.
As a Member and Chairman of the Shenango Township Municipal
Authority (STMA), David Dougherty, hereafter Doughherty is a
public official as the term is defined in the Ethics Act.
65 P.S. 402;51 Pa. Code 1.1. As such, his conduct is subject to
the Ethics Act and the restrictions therein are applicable to him.
Initially, it is noted that Section 9 of Act 9 of 1989 provides:
"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."
Since the occurrences in this case transpired prior to the
effective date of Act 9 (June 26, 1989), we must apply the
provisions of Act 170 of October 4, 1978, P.L. 883 to determine
whether the Ethics Act was violated.
Under Section 3(a), quoted above, this Commission has
determined that use of office by a public official to obtain a
financial gain for himself or a member of his immediate family or
a business with which he is associated which is not provided for
in law transgresses the above provision of law. Thus, use of
office by a public official to obtain a financial gain which is
not authorized as part of his compensation is prohibited by
Section 3(a): Hoak /McCutcheon v. State Ethics Commission, 77 Pa.
Commw. Ct. 529, 466 A.2d 283 (1983); Yacobet v. State Ethics
Commission, 109 Pa. Commw. Ct. 432 531 A.2d 536 (1987).
Similarly, Section 3(a) of the Ethics Act would prohibit a public
official /employee from using public office to advance his own
interests; Koslow v. State Ethics Commission, 116 Pa. Commw. Ct.
19, 540 A.2d 1374 (1988). Likewise, a public official /employee
may not use the status or position of public office for his own
Dougherty, 89 -029 -C
Page 26
personal advantage; Huff, Opinion 84 -015.
Additionally, under Section 3(c) of the Ethics Act quoted
above, this provision of law provides, in part, that no public
official shall enter into a contract valued at $500 or more with
his governmental body unless the contract was awarded through an
open and public process.
The issue before us is whether Dougherty violated either
Section 3(a) or 3(c) of Act 170 of 1978 regarding his appointment
as an authority construction inspector relative to a municipal
sewage construction project.
Factually, Dougherty has served as a member of STMA for
approximately 20 years, the last 10 of which he has served in the
capacity of STMA Chairman. STMA was created to construct
additions and improvements to the existing sewer systems in
Shenango Township, the City of Newcastle and South Newcastle
Borough. An application for funding with the Environmental
Protection Agency (EPA) was filed by STMA on February 28, 1984.
Part five of the grant application contained an assurances clause
to the effect that STMA would comply with federal regulations,
guidelines and policies as to the utilization of federal funds for
the project. In particular, the assurance clause directed that
safeguards be established to protect employees from using their
positions to obtain a private gain for themselves, their families,
business or other ties. As a result of the application, STMA
received a grant of $6,323,840.00 from EPA which grant was
approved in July, 1984.
There were extensive discussions regarding the proposed
sewer line at various STMA meetings commencing in July 1984. The
minutes of those meetings outline the processes by STMA as to
administering the project. In particular, at a January 27, 1987
meeting, Engineer Palkovic suggested that the Authority advertise
for construction inspectors. Dougherty voted in favor of the
motion to advertise for construction inspectors which passed
unanimously. The minutes of the March 24, 1987 meeting reflect
inter alia that Dougherty would notify candidates for inspector
positions that they would be interviewed. The following list of
STMA meetings reflects actions upon motions to approve payments
relative to the STMA inspectors payroll at which Dougherty was
present: July 28, 1987; August 25, 1987; February 23, 1988; March
22, 1988; April 27, 1988; May 24, 1988; June 28, 1988 (Dougherty
specifically recorded as voting for the motion which carried by a
3 to 1 vote); July 26, 1988 and September 27, 1988.
STMA did put the sewer project out for bid based upon a
divisional breakdown which is outlined in Fact Finding 7(b). The
bids which were awarded on September 9, 1986 are outlined in Fact
Finding 7(c). Consoer- Townsend and Associates was selected by
Dougherty, 89 -029 -C
Page 27
STMA as the consulting engineer for the sewer line project with
the subcontract for the sewer design being awarded to John Wilson
and Associates. Part of the agreement which was signed by
Dougherty provided that construction was to be observed by a
representative of the engineers or furnished by the owner (STMA),
assuming such to be mutually satisfactory. On August 11, 1986,
Frank Palkovic, the resident engineer for Consoer - Townsend
Engineering, advised STMA of the DER requirements regarding the
hiring of inspectors for the construction phase of the sewer
improvement project which are outlined in Fact Finding 10. The
procedures required that candidates be interviewed, that the best
qualified be selected and that the EPA regulations regarding
conflict of interest be followed regarding the award and
administration of the EPA assistance. In particular Section
30.613(a) provides that no official or employee of the recipient
may participate in any activity relating to the EPA assistance and
further that any officials or employees of the recipients must
avoid any action which would result in or create the appearance or
use of official position for private gain or preferential
treatments.
After advertisements for construction inspectors appeared in
two local newspapers in February of 1987, STMA received
approximately 75 resumes for the positions of construction
inspectors. Thirty applicants were accepted for interviews which
were conducted by STMA members including Dougherty, Engineer
Wilbert Hughes and Authority Manager Don Nagle. Of the initial
group of thirty applicants, five inspectors were hired. It is
noted that Dougherty signed all the agreements entered into by
STMA for inspection services in 1987. STMA official records do
not reflect that hirings of the inspectors were formally approved
by the Board. STMA did enter into agreements for inspection
services which outline the duties for those positions (Fact
Finding 15). Said agreements did include an understanding that
the provisions of 40 C.F.R, Subpart(f) (Federal Conflict of
Interest Provisions) were incorporated and made part of the
agreement. The agreements were amended in July of 1987 which
amendments included in part that if any discrepancies or
ambiguities existed, in such cases, 40 C.F.R. Subpart(f) would
apply. By letter of July 31, 1987 of Dale Foster, project manager
for DER, advised Dougherty as Chairman of STMA that the contracts
for the construction inspectors were approved in accordance with
40 C.F.R. Part 33 of Section 205(g).
Dougherty was hired as a construction inspector by STMA
(Fact Finding 19). Although STMA records do not reflect whether
Dougherty was or was not hired at a meeting of the Authority, it
is established that Dougherty did not submit a resume for the
position of construction inspector, nor was he interviewed for
that position. In this regard, Dougherty was furloughed in his
employment at the Shippingport Nuclear Power Plant at the time he
Dougherty, 89 -029 -C
Page 28
was hired as an inspector and worked for the Authority during
periods that he was furloughed from his position with the power
plant. The inspection services agreement between Dougherty and
STMA was entered into on October 12, 1987 which contained
identical provisions as to other agreements for inspectors.
Although the agreement was signed by Thomas Weingartner for. STMA,
a subsequent agreement dated May 2, 1988 was signed by both
Weingartner and Dougherty. As to an amendment to the inspection
services agreement dated October 12, 1987, Dougherty signed the .
agreement both as the inspector and as STMA Authority member
whereas a second amendment on May 2, 1988 was signed by Thomas
Weingartner on behalf of STMA and Dougherty as the inspector.
In a subsequent review of the hiring of construction
inspectors prepared by Dale Foster, he noted that Dougherty as
STMA chairman was considered by Dennis Rigney of EPA to have a
potential conflict of interest but Dougherty at that time had
terminated his agreement. Fact Findings 24 and 25 reflect the
hours for which Dougherty was compensated for inspection services
as well as the payroll account checks which were made payable to
Dougherty for providing such services. In particular, in 1987,
Dougherty received $2,724.00 and in 1988, $14,397.00 for
performing his inspection services relative to the project.
All inspectors that were hired by STMA reported directly to
Wilbur Hughes who was the resident engineer for Consoer - Townsend.
Dougherty as an inspector reported to Hughes but Hughes had to
report to Dougherty as Chairman of the STMA (Fact Finding 28).
The STMA issued a termination notice to Dougherty on November 2,
1988 which reflected that written notice was given to cancel the
agreement relative to his inspection services. The notice was
signed by Don Nagle as STMA manager.
The EPA submitted various interim inspection reports for the
STMA project including listings of construction inspectors. The
following dated lists included Dougherty as a construction
inspector: December 17, 1987; August 1, 1988; November 22, 1988;
December 16, 1988 (with Dougherty listed as chairman /STMA);
January 10, 1989 (with Dougherty listed as chairman /STMA). It is
noted that all partial payment requests submitted to the EPA for
approval were signed by Dougherty as Chairman of STMA. Although
the requested payments were approved by the Board, Dougherty
participated in the decisions including the salary for all
construction inspectors (Fact Finding 32).
By letter dated May 5, 1989 Anthony Maisano who was Chief of
the Administrative Services, Division of Municipal Facilities and
Grant, requested a review by EPA as to the hiring of Dougherty by
STMA regarding the inspection services. William Bulman, Chief of
Construction Branch of United States Environmental Protection
Agency responded by letter of June 2, 1989 and advised that there
Dougherty, 89 -029 -C
Page 29
did not appear to be a conflict of interest regarding the
Authority's action but, after further research, that such action
could constitute an apparent conflict of interest and that the
question of a violation of the State Code of Ethics should be
considered.
Lastly, although Dougherty was Chairman of the STMA, he has
not filed Statements of Financial Interests (FIS's) for the 1985
through the 1989 calendar years.
In applying the above facts to the quoted provisions of
Section 3(a) and 3(c) of Act 170 of 1978, we find violations of
both provisions of law. As to Section 3(a) of Act 170 of 1978, we
find a use of office on the part of Dougherty as an STMA Member in
participating and voting to approve payments for construction
inspection services which he provided along with other
individuals. In addition, Dougherty signed agreements for
inspection services with STMA and, in fact, he signed in one
instance both in the capacity of Chairman of STMA and also as the
other party to the contract who would provide the construction
inspection services for STMA. Clearly, the use of such office
resulted in a financial gain as is reflected by the compensation
that Dougherty received in 1987 and 1988 for providing such
construction inspection services. The financial gain inured to
Dougherty himself and was compensation other than provided for by
law. In this regard, there is no legal authorization for an
authority board member to receive such compensation for providing
construction inspection services. To the contrary, Federal law
appears in fact to prohibit such an activity. In particular, 40
C.F.R. Part 33 Subpart Section 30.613, specifically prohibits a
recipient (STMA official) from participating in any activity where
he would have a financial interest in the activity and further
provides that said official must avoid any action which would
result in or create and appearance of use of official position for
private gain or preferential treatment. Having established all
the requisite elements of Section 3(a) of Act 170 of 1978, we find
a violation regarding the payment to Dougherty as to construction
inspection services. See Braszo, Order 630 -R.
Turning to Section 3(c) of the Ethics Act we do note that
there was an initial advertisement for the hiring of construction
inspectors. These contracts exceeded the $500 threshold amount
of Section 3(c). However, there was no subsequent public
disclosure of the proposals considered and contracts awarded in
this case. Accordingly, we find that Dougherty violated Section
3(c) of Act 170 of 1978 in that the open and public process as set
forth in that provision of law was not followed. See Smythe,
Order 733 -R.
Having found violation by Dougherty of Sections 3(a) and
3(c) of Act 170 of 1978, we feel that restitution is appropriate
Dougherty, 89-029-C
Page 30
in this case. The right of this Commission to impose restitution
upon a public official as to a financial gain received from his
governmental body in violation of Section 3(a) of the Ethics Act
has been upheld by Commonwealth Court in Yocabet v. SEC, supra.
In this case, given the totality of the facts and circumstances,
restitution in the amount of $2,724.00 is warranted. Accordingly,
Dougherty is directed within thirty days of the issuance of this
order to forward a check to this Commission payable to the order
of the STMA in the amount of $2,724.00. Failure to comply with
the foregoing will result in the referral of this matter to the
appropriate law enforcement authorities.
Turning to the matter of the FIS's, although there is no
allegation as to the failure of Dougherty to file, we direct
Dougherty within thirty days of the issuance of this order to file
FIS's for the 1985 through 1989 calendar years. In addition, if
Dougherty has not filed as of this time for the 1990 calendar
year, he is also directed to file a calendar year 1990 FIS form
within thirty days of issuance of this order. Failure to comply
will result in the referral of this matter for an order
enforcement action.
IV. CONCLUSIONS OF LAW:
1. David Dougherty, as Member and Chairman of the Shenango
Township Municipal Authority is a public official subject to the
provisions of Act 170 of 1978.
2. Dougherty violated Section 3(a) of Act 170 of 1978 when he
used public office to obtain a financial gain for himself other
than compensation provided for by law consisting of receiving
compensation from the Authority for providing construction
inspection services.
3. Dougherty violated Section 3(c) of Act 170 of 1978 by
contracting with the Authority as to construction inspection
services in excess of $500.00 which contracts were advertised but
were not subsequently publicly disclosed as to the proposals
considered and contracts awarded.
In re: David Dougherty
: File Docket: 89 -029 -C
: Date Decided: July 12, 1991
: Date Mailed: July 16, 1991
ORDER No. 807
1. David Dougherty, as Member and Chairman of the Shenango
Township Municipal Authority violated Section 3(a) of Act 170 of 197
when he used public office to obtain a financial gain for himself
other than compensation provided for by law consisting of receiving
compensation from the Authority for providing construction inspection
services.
2. Dougherty violated Section 3(c) of Act 170 of 1978 by
contracting with the Authority as to construction inspection services
in excess of $500.00 which contracts were advertised but were not
subsequently publicly disclosed as to the proposals considered and
contracts awarded.
3. Dougherty is hereby directed to make restitution to the
Shenango Township Municipal Authority in the amount of $2,724.00 by
forwarding a check to this Commission payable to the order of the
Authority within thirty days of issuance of this order. Failure to
comply with this paragraph will result in the referral of this matter
for an order enforcement action.
4. Within thirty days of issuance of this order, Dougherty is
directed to file Financial Interest Statements for the 1985 through
1989 calendar years, as well as the 1990 calendar year if not already
filed.
BY THE COMMISSION,
ROBERT W. BROWN, CHAIR
Mr. David Dougherty
1120 Dougherty Road
New Castle, PA 16101
Re: Order No. 807, File No. 89 -029 -C
Dear Mr. Dougherty:
On August 12, 1991, the State Ethics Commission
your payment for reimbursing the Shenango Township
Authority as required by Order No. 807.
We have forwarded your check in the amount of $2,
the Shenango Township Municipal Authority.
such.
JJC /slj
cc: Public Binder
STATE ETHICS COMMISSION
309 FINANCE BUILDING
P.O. BOX 11470
HARRISBURG, PA 1 71 08 -1 470
TELEPHONE (717) 7$3 -1610
August 13, 1991
This letter will be part of the Order and a public
J. J
xecuti Director
received
Municipal
724.00 to
record as