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HomeMy WebLinkAbout782 PingieIn re: Allen Pingie STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 : File Docket: 87 -141 -C : Date Decided: February 14, 1991 : Date Mailed: February 28. 1991 Before: Robert W. Brown, Vice Chair G. Sieber Pancoast Dennis C. Harrington Daneen E. Reese Roy W. Wilt 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 not filed and a hearing was 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 action 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 52.38. The files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a) during the fifteen day period and no one unless the right to challenge this Order is waived, may violate confidentiality by releasing, discussing or circulating this Order. However, 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, a Bradford Township Supervisor, violated the below cited provision of the public official and employee Ethics Law when you were paid for duties other than roadmaster, superintendent, labor or secretary- treasurer and received mileage reimbursement. 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: 1. Allen Pingie serves as a township supervisor for Bradford Township, McKean County Pennsylvania. a. He has served in said position since January of 1986. b. He has served as chairman of the Board of Township Supervisors for approximately two years. 2. Bradford Township was not divided into road districts by the Township Board of Supervisors. 3. The Bradford Township Board of Supervisors routinely appointed themselves to various positions of responsibility in addition to that of township roadmaster. 4. Allen Pingie was appointed to the following position in each year from 1987 -1989 inclusive: a. Superintendent of roads. b. Superintendent of Garbage Department.. c. Superintendent of Sewer Department. d. Board of Senior Citizens. 5. Township supervisors were compensated for service as elected officials for attending township supervisor meetings at a Mr. Allen Pingie Page 2 rate of $25.00 per meeting not to exceed 86 meetings per year. a. Said rate was established by Ordinance 85 -1 to be effective January 1986. b. The rate was established in accordance with the Second Class Township Code. 6. Minutes of the Bradford Township Board of Supervisors indicate the following regarding the appointment of township supervisor Allen Pingie as roadmaster. a. January 6, 1986 The organization meeting of the supervisors was held. Supervisors present were Francis Wolfe, Earl Burkhouse and Allen Pingie. Mr. Wolfe was named chairman of the supervisors and all three supervisors were named as roadmasters. b. January 5, 1987 A reorganization meeting was held. The supervisors present were Francis Wolfe, Earl Burkhouse and Alien Pingie. Mr. Wolfe was selected chairman of the supervisors and all three supervisors were selected as roadmasters. c. January 4, 1988 The reorganization meeting was held. The supervisors present were Allen Pingie and Cary Frigo. Alien Pingie was selected as chairman of the supervisors and both supervisors were named roadmasters. d. January 3, 1989 The reorganization meeting was held. The supervisors present were Allen Pingie and Cary Frigo. Richard Tyger was absent. Allen Pingie was selected as chairman of the supervisors and all three supervisors were selected as roadmasters. 7. Minutes of the Bradford Township Board of Supervisors meetings indicate the following regarding the issue of supervisors compensation: a. August 25, 1986 The regular meeting of supervisors was held. Supervisors present were Francis Wolfe, Earl Burkhouse and Alien Pingie. During the course of the meeting Mr. Heller complained to Mr. Burkhouse that his time sheets do not tell the public what he did during his reported hours. b. November 24, 1986 The regular meeting of the supervisors was held. Supervisors present were Francis Mr. Alien Pingie Page 3 Wolfe and Allen Pingie. Earl Burkhouse was absent as he was in the hospital. During the course of the meeting Mr. Heller read a petition signed by 68 residents requesting a CPA or an accountant appointed by the courts to audit all township funds. c. November 28, 1986 special meeting was held. The supervisors present were Francis Wolfe and Allen Pingie. Earl Burkhouse was absent due to illness. The meeting was called by the supervisors to advise the citizens of their decision regarding the independent audit of the township books. The supervisors voted not to have the books audited by an independent auditor. d. February 23, 1987 The regular meeting of supervisors was held. The supervisors present were Earl Burkhouse, Francis Wolfe and Allen Pingie. Mr. Pingie discussed the issue of time sheets as stated that they should be approved by other supervisors and reviewed at regular meetings but payroll can be paid other than town meetings. He discussed other phases such as the roadmaster or the superintendent of roads. 8. Minutes of the township board of auditors meetings indicate the following regarding the compensation of township supervisors for working on township roads: a. January 4, 1984 The auditors present were John DePetro, Harold Krantz and Charles Hewey. It was decided to keep the hourly rate for township supervisors in 1984 the same as it was in 1983 and that was at $6.77 per hour. The mileage rate of .209 per mile was to remain the same as it was 1983. b. January 8, 1985 The auditors present were John DePetro, Harold Krantz and Charles Hewey. It was motioned to increase the hourly rate of the township supervisors by .48g by John DePetro and it was unanimously passed. The new hourly rate was now $7.25 up from $6.77. The mileage rate of .20g per mile was to remain the same it was in 1984. c. January 7. 1986 The auditors present were John DePetro, Harold Krantz and Charles Hewey. The hourly rate of pay for the supervisors was to remain the same as it was in 1985 and that was $7.25 per hour. The mileage rate of .20g per mile was to remain the as it was in 1985. Mr. Allen Pingie Page 4 d. January 20, 1987 The auditors present were John DePetro, Beverly Good and Nancy Getz. The pay rate for the supervisors for their work on township roads was increased from $7.25 per hour to $7.50 per hour. This was also going to be the same rate for the supervisors semi- annual inspection of roads. This was motioned by Nancy Getz and seconded by Beverly Good. The mileage rate of .20g per mile was to remain the same as it was in 1986. e. January, 1988 The auditors present were Beverly Good and Nancy Getz. The pay rate for the supervisors was to remain the same as it was last year which appears to be $7.75 per hour as it was changed from $7.50 per hour. The mileage rate of .20g per mile was to remain the same. f. January, 1989 The auditors present were John DePetro, Nancy Getz and Beverly Good. The pay rate for the supervisors was going to remain the same as it was in 1988 and that was $7.75 per hour. The mileage rate was going to be increased to .21g per mile. g. March 6, 1989 The auditors held a public meeting. The auditors present were Nancy Getz, Beverly Good and John DePetro. The motion to pay the supervisors $8.00 per hour and .21g for mileage was made by Nancy Getz and recorded by John DePetro retroactive to January 1, 1989. h. January, 1990 Two auditors were in attendance and they were Beverly Good and Margaret Fuller. Motion was made by Beverly Good to raise the pay rate of supervisor to $8.50 per hour. Also included in this was the inspection of township roads in October and April as it was to be paid at the hourly rate. The mileage rate was also raised to .22g a mile. All of this was seconded by Margaret Fuller. 9. Records of Bradford Township indicate that Allen Pingie was compensated at an hourly rate by the township for various activities. 10. Records of Bradford Township indicate that various tasks performed by Alien Pingie for which he was compensated were not related to his functions as a township roadmaster. 11. Records of Bradford Township indicate the following regarding the number of hours worked on non- roadmaster duties by Allen Pingie: Mr. Allen Pingie Page 5 DATE 1 -15 -86 1 -16 -86 1 -20 -86 1 -22 -86 1 -23 -86 1 -28 -86 HOURS 4.5 Sewage authority meeting, police meeting 3.0 2.5 2.0 2.0 DESCRIPTION OF DUTIES Water & sewage authority meeting Checked over invoices Ordinance Complaint research, Minard Run Meeting with Minard Run resident on sub - division 3.0 Meeting with computer sales rep- resentative, meeting with Bradford City Council 2 -1 -86 3.0 Meeting with City 2 -3 -86 2.5 Invoices, shop for truck parts 2 -10 -86 3.0 Invoices sign checks 2 -11 -86 1.0 Reviewed mail received 3 -3 -86 1.5 Meeting with Penny Eddy 3 -10 -86 1.0 Sign invoices 3 -11 -86 4.0 Misc research of Monday nights mtg. 3 -14 -86 4.0 Misc calls computer truck part inventory Mr. Allen Pingie Page 6 DESCRIPTION OF DATE HOURS DUTIES 4 -1 -86 3.0 Meetings with M.W. Engineers 4 -10 -86 8.0 Daily Misc problems meetings with twps & Lewis Run 4 -18 -86 2.0 Meeting Supervisors 5 -1 -86 5.0 Tuna Valley Meeting 5 -5 -86 2.0 Misc Problems Meeting 5 -14 -86 3.0 Payroll, misc calls, mail 5 -20 -86 2.0 Misc Calls 5 -21 -86 2.0 Misc calls, mail, truck specs 6 -3 -86 4.0 Met with salesman, misc calls 7-1 -86 2.0 Meeting with developer & resident 7 -9 -86 4.0 Met Bell telephone rep: office calls & mail 7 -11 -86 2.0 Check invoices, mail & calls 7 -15 -86 2.0 Lewis Run meeting 7 -18 -86 2.0 Misc calls & office work 7-28 -86 6.0 Met with DER rep 7 -29 -86 6.5 Misc calls, meeting zoning officer, zoning board, planning commission Mr. Allen Pingie Page 7 DATE DESCRIPTION OF HOURS DUTIES 8 -1 -86 4.0 Sewer authority meeting /sewer problems with the engineers 8 -4 -86 1.0 Mail misc calls 8 -7 -86 1.0 TV cable meeting 8 -8 -86 2.0 Misc calls, mail 8 -28 -86 2.0 Meeting with local business firms conference, office work 9 -19 -86 2.0 Mail & misc calls 9 -27 -86 2.0 Office, misc calls 10-6-86 2.5 Met with engineer 10 -7 -86 2.0 Mail, misc calls 10 -10 -86 2.5 Mail, budget 10 -14 -86 2.0 Mail, misc calls High Street headwall, sewer meeting 10 -15 -86 4.0 Budget mail, misc calls 10 -22 -86 1.0 Mail 10 -28 -86 2.0 Mail, misc calls 11 -10 -86 2.5 Meeting with police 11 - 20 - 86 2.5 Budget meeting 11 -21 -86 1.5 Road crew meeting, mail, misc calls Mr. Allen Pingie Page 8 DATE DESCRIPTION OF HOURS DUTIES 11 -24 -86 2.5 Budget work 12 -16 -86 2.5 Ordinance review 12 -19-86 2.0 Auditor vacancy; talked with Saunders 1986 Total Hours 134.0 1987 DESCRIPTION OF DATE HOURS DUTIES 1 -2 -87 2.0 Mail, misc calls 1 -5 -87 2.0 Road crew meeting mail 1 -9 -87 2.5 Check road crew time sheets, sort through old records 1 -14 -87 5.0 Meeting office personnel, mail, sewer on Nelson, misc calls 1 -15 -87 6.5 Went over applications for police mail, garbage, packer problems 1 -20 -87 7.0 Meeting with Bldg Sanitary Authority, mail office work. 1 -22 -87 1 -23 -87 2.0 Police appointment discuss purchase of property 6.5 Office work, meet with engineer Mr. Allen Pingie Page 9 DESCRIPTION OF DATE HOURS DUTIES 2 -6 -87 1.0 Meeting grant administrator 2 -11 -87 3.0 Mail, misc calls 2 -12 -87 2.0 Interviews 2 -13 -86 2.0 Road crew meeting, mail & misc calls. 4 -3 -87 2.0 Mail 4 -9 -87 2.0 Mail, misc calls 5 -19 -87 2.0 Misc calls, mail 6 -22 -87 2.0 Mail, misc calls 7 -1 -87 2.0 Mail, misc, calls 7 -7 -87 2.0 Mail, misc calls 7 -16 -87 2.0 Mail, misc calls Berm 8 -10 -87 2.5 Office work & calls Croydon Street 8 -25 -87 5.0 Met with engineer, ditches, mail, misc calls 9 -23 -87 6.0 Codification, office misc calls 10 -8 -87 1.0 Misc office, shop, mail R &R 10 -20 -87 1.0 " 10 -21 -87 1.0 " 11 -4 -87 1.0 R&R office, mail, misc calls Mr. Allen Pingie Page 10 DESCRIPTION OF DATE HOURS DUTIES 11 -23 -87 1.0 Misc R &R mail & calls 12-7 -87 1.0 Misc R & R calls 12-8-87 1.0 Misc R & R calls 12-28 -87 2.0 R & R office, mail & shops 12 -29 -87 2.0 R & R office mail & shop 1987 Total Hours 80.0 1988 DESCRIPTION OF DATE HOURS DUTIES 1 -14 -88 2.0 R & R office, R & R shop 1 -19 -88 1.5 Met engineer on R & R 2 -1-88 1.5 R & R office, misc calls 2 -9 -88 1.0 tf 3 -1 -88 1.5 R & R office, mail 3 -2-88 1.0 R & R office 3-7 -88 1.5 R & R mail, office & calls 3 -10 -88 1.0 5 -24 -88 1.75 5 -31 -88 1.75 Mr. Alien Pingie Page 11 DESCRIPTION OF DATE HOURS DUTIES 6 -21 -88 1.0 6 -24 -88 1.25 7 -1 -88 1.25 R & R office & mail, misc calls 7 -5 -88 1.25 Misc R & R calls, mail 7 -12 -88 1.25 Misc R & R calls & mail 7 -15 -88 1.0 Misc R & R calls & office 7-19-88 1.5 R & R office & mail; road crew meeting 7-22-88 1.0 Misc, R & R calls and mail 8 -2 -88 1.0 R & R calls & mail 8 -5 -88 1.0 R & R office & mail 8 -8 -88 1.0 R & R office & mail 8 -9 -88 1.0 R & R mail & calls 8 -10 -88 1.0 R & R office & calls 8 -16 -88 1.0 R & R office & mail 8 - 19 -88 1.0 R & R shop 8 -24 -88 0.5 R & R shop 8 -25 -88 0.5 R & R office 8 -26 -88 0.5 R & R office 8 -29 -88 0.5 R & R shop 8 -30 -88 0.5 Office & misc calls tt Mr. Alien Pingie Page 12 DATE 9 -14 -88 9 -16 -88 9 -30 -88 10 -5 -88 10 -10 -88 HOURS 1.25 DESCRIPTION OF DUTIES Misc R & R call & office work 1.25 Misc R & R mail & calls, office work 0.5 Misc R & R office 1.0 R & R office, mail & misc calls 1.0 R & R office & mail 10 -15 -88 1.0 R & R misc, mail & calls 10 -25 -88 1.0 R & R office & mail 11 -17 -88 1.0 R & R office & mail 11 -18 -88 1.0 R & R office & calls 11 -25 -88 1.0 R & R office 11 -26 -88 1.0 R & R office 11-29 -88 1.0 R & R shop 11 -30 -88 2.0 R & R mail & calls 12 -1 -88 1.0 R & R office & mail 12-2-88 2.0 R & R shop 12 -6 -88 1.0 R & R office & mail 12 -9 -88 1.0 12 -19 -88 1.0 R & R office 12 -20 -88 1.0 R & R office & calls 12-22-88 1.0 R & R office & mail 12 -27 -88 3.0 R & R office, mail & calls 1988 Total Hours 58.5 Mr. Allen Pingie Page 13 1989 DESCRIPTION OF DATE HOURS, DUTIES 1 -2 -89 1.0 R & R shop 1 -3 -89 1.5 R & R office, mail, misc calls 1 -4 -89 0.75 R & R office 1 -7 -89 0.5 R & R shop 1 -9 -89 1.5 R & R office & mail 1 -10 -89 0.5 R & R mail 1 -11 -89 1.5 Misc R & R calls & mail 1 -17 -89 2.0 R & R shop, mail, misc calls 1 -18 -89 1.5 Misc shop & mail 1 -19 -89 0.75 R & R office 2 -1 -89 2.5 R & R shop, misc, mail, office 2 -6 -89 1.5 R & R shop, misc calls 2 -9 -89 2.0 R & R meeting with road dept 2 -23 -89 2.0 R & R office & shop 3 -2 -89 2.0 R & R office, shop & mail 3 -3 -89 1.0 " 3 -6 -89 1.0 R & R misc calls & mail 3 -21 -89 2.0 " 3 -23 -89 3.0 " Mr. Alien Pingie Page 14 DESCRIPTION OF DATE HOURS DUTIES 3 -24 -89 2.0 R & R office & shop 3 -30 -89 2.0 R & R misc calls; mail, office and shop 4 -20 -89 2.0 R & R shop, office & mail 4 -24 -89 2.0 R & R office & shop, misc calls 4 -25 -89 1.0 R & R office & shop 4 -26 -89 4 -27 -89 5 -3 -89 5 -5 -89 2.0 Misc shop & road dept meeting 1.5 R & R office, mail, calls, shop 1.0 Misc R & R mail & office 1.0 Misc R & R mail & office 5-8 -89 1.5 Misc R & R mail, office & calls 5-9 -89 0.5 R & R office 5 -12 -89 0.75 Misc R & R office, mail 5 -22 -89 1.25 R & R misc mail 5 -23 -89 0.5 Misc R & R mail & shop 6 -1 -89 1.5 R & R office & shop 6 -4-89 1.5 R & R office & mail 6 -6 -89 1.5 Mr. Alien Pingie Page 15 DATE, HOURS 6 -13 -89 1.0 DESCRIPTION OF DUTIES R & R office, calls & mail 6 -19 -89 1.0 R & R office & mail 6 -22 -89 7.0 R & R office, mail & shop and flooding 6 -23 -89 4.5 R & R flooding 6 -24 -89 4.0 R & R flooding 6 -28 -89 2.0 R & R flooding office & shop 7 -5 -89 1.0 R & R office & mail 7 -7 -89 0.5 R & R calls & mail 7 -11 -89 0.5 R & R office & calls 7 -25 -89 1.0 R & R office & mail 7 -26 -89 1.0 7 -31 -89 0.5 8 -3 -89 1.5 R & R office & mail 8 -18 -89 1.0 R & R office, calls & mail 8 -22 -89 0.5 R & R calls to office 9 -5 -89 1.5 R & R office, shop & mail 9 -7 -89 1.5 R & R office, mail & calls 9 -12 -89 0.5 R & R shop 9 -18 -89 0.5 R & R office & shop 10 -3 -89 1.0 R & R shop, office & mail Mr. Allen Pingie Page 16 HOURS 1.0 0.5 DESCRIPTION OF DUTIES R & R shop & mail R & R office 0.5 R & R shop 1.0 R & R office & shop 1.5 R & R office, shop & mail 10 -23 -89 0.5 R & R office 11 -1 -89 2.5 R & R office & shop 11 -3 -89 2.0 R & mail & engineer 11 -10 -89 2.0 R & R, shop & office 11 -13 -89 1.5 R & R, office & shop 11 -15 -89 2.0 R & R office 11 -20 -89 0.5 R & R office 11 -21 -89 2.0 R & R, mail & office 12 -1 -89 1.0 R & R, office & shops 12 -4 -89 1.0 R & R, office & shops 12 -19 -89 1.0 R & R, office & shops 12 -21 -89 0.5 R & R, office 12 -27 -89 2.0 R & R, office & shops 1989 Total Hours 107.0 DATE 10 -6 -89 10 -9 -89 10 -12 -89 10 -18 -89 10 -19 -89 1990 DATE HOURS 1 -1 -90 2.0 1 -3 -90 2.0 DESCRIPTION OF DUTIES R & R, office & shops R & R, office & mail Mr. Allen Pingie Page 17 DATE HOURS 1 -9 -90 2.0 1 -18 -90 1.75 1 -19 -90 0.75 1 -22 -90 0.75 1 -24 -90 1.0 1 -30 -90 0.75 1 -31 -90 0.5 2 -6 -90 0.75 2 -9 -90 0.75 2 -12 -90 0.75 2 -13 -90 2.0 2 -15 -90 0.75 2 -21 -90 0.5 2 -23 -90 2.0 2 -27 -90 0.75 3 -2 -90 0.75 3 -5 -90 0.75 3 -7 -90 1.5 3 -8 -90 2.5 3 -9 -90 2.5 3 -14 -90 0.75 3 -20 -90 0.75 3 -23 -90 0.75 DESCRIPTION OF DUTIES R & R, office & mail R & R, office & shops R & R, shops R & R, shop R & R, office & shops R & R, office & shops R & R, shop R & R, shop R & R, shop R & R, shop R & R, office & mail R & R, shop R & R, shop R & R, office & mail R & R, shop R & R, shop R & R, shop R & R, office R & R, office & mail R & R, shop & office R & R, shop R & R, shop R & R, shop Mr. Allen Pingie Page 18 DESCRIPTION OF DATE HOURS DUTIES 3 -26 -90 0.75 R & R, shop 3 -29 -90 0.75 R & R, shop 4 -3 -90 3.5 R & R, office & shop 4 -4 -90 0.5 R & R, shop 4 -10 -90 0.5 R & R, shop 4 -14 -90 0.5 R & R, office 4 -19 -90 0.75 R & R, mail 4 -25 -90 0.5 R & R, shop 5 -1 -90 1.0 R & R, shop 5 -4 -90 1.0 R & R, office 5 -7 -90 1.0 R & R, office & R & R mail 5 -10 -90 0.75 R & R, shop 5 -16 -90 0.5 R & R, shop 5 -22 -90 0.5 R & R, shop 5 -25 -90 1.0 R & R, shop 1990 Total Hours 43.5 12. The rate of pay at which Allen Pingie was compensated and the total amount paid to him for performing the functions listed in Finding 11 above was as follows. YEAR PAY RATE HOURS 1986 $ 7.25 134.0 1987 7.75 80.0 1988 7.75 50.5 1989 8.00 107.0 MONEY $971.50 620.00 453.38 856.00 Hr. Allen Pingie Page 19 YEAR PAY RATE HOURS MONEY 1990 8.50 43.5 369.75 $3270.63 13. The township supervisors maintained their own time sheets and submitted them for payments. 14. The Second Class Township Code sets forth the duties of Township Supervisors who serve as superintendent or roadmasters as follows: a. Have the general care and superintendence of the improvement of the roads and bridges in the township, except as otherwise specially provided. b. Cause such roads and bridges to be kept in repair and reasonably free from all obstructions, and give the necessary directions therefor. c. Inspect all roads and bridges during the months of April and October of each year. d. Divide the township into as many districts as may be deemed necessary for the maintenance and repair of the roads and the opening of roads obstructed by snow. e. Employ or hire such persons, as may be necessary for the general conduct of the business of the township, and provided for the organization and supervision of the persons so employed, and work on the roads themselves when directed to do so by the board of supervisors. Records shall be kept, and reports made and filed, giving the names of all persons employed, including supervisors, superintendent or roadmasters, dates on which work was done, and the number of hours worked with compensation paid to each person and the capacity in which he is employed. f. Construct and keep in repair all sluices and culverts, and keep the waterways, bridges and culverts open. Cause loose stones lying in the beaten track of every road to be removed. Stones so removed shall be conveyed to some place from which they g. Mr. Allen Pingie Page 20 will not work back or be brought back into the track by other implements used in repairing or maintaining such highways. h. Attend meetings and conventions if directed to do so by the board of supervisors. Any supervisor, elected or appointed officer or township employe shall, if directed by the board of supervisors, attend any conference, institute or school dealing with the duties and functions of such elected or appointed officers or employes. The expenses for attending the conferences, institutes and schools may be paid by the township and shall be limited to the registration fee, mileage for use of a personal vehicle or reimbursement of actual transportation expense going to and returning from such meeting plus all other actual expenses that the township board of supervisors may have agreed to pay. Everyday delegate attending the meeting shall submit to the township board of supervisors an itemized account of expenses incurred thereat. The township board of supervisors may authorize township employes to be compensated at their regular employe rate during their attendance at the meeting. i. Perform such other duties and have such other powers with respect thereto as may be imposed or conferred by law or the rules and regulations of the Department of Highways. Report monthly to the board of supervisors, such information as may be required by the Department of Highways, in the form prescribed by the department. k. Inspect all roads and bridges at such time as the township supervisors shall direct, except during the months of April and October. 1. Have power to relocate, widen, deepen, and straighten the channels of streams, and rip, rap, and otherwise protect the banks of streams in order to protect roads, prevent erosion, and prevent floods in the township: Provided, That the consent of the Water and Power Resources Board to any such project has first been secured. Mr. Allen Pingie Page 21 m. When authorized to do so by general or special order of the township supervisors, to do or cause to be done all work necessary to carry out the responsibilities imposed upon the township supervisors. 15. Bradford Township employed a township secretary /treasurer. III. Discussion: Allen Pingie, hereinafter Pingie, as a supervisor for Bradford Township is a public official as that term is defined under the Ethics Act. 65 P.S. 402; 51 Pa. Code X1.1. As such, his conduct is subject to the provisions of the Ethics Act and the restrictions therein are applicable to him. Initially, it is noted that Section 5 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." 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 personal advantage; Huff, Opinion 84 -015. Mr. Allen Pingie Page 22 In the instant matter we must determine whether Pingie as a Bradford Township supervisor violated Section 3(a) of the Ethics Act quoted above regarding the receipt of compensation as a road master for activities which are alleged to be within the scope of his duties as an elected township supervisor. Factually, Pingie serves as township supervisor and has served as chairman of the Board. In addition to serving as a township employee - roadmaster during the foregoing years, Pingie also held positions as superintendent of roads, superintendent of the Garbage Department and Sewer Department and member of the Board of Senior Citizens. Pingie along with the other supervisors were all appointed roadmasters. The minutes of the township board of auditors for the January reorgani- zational meetings from 1984 through 1990 reflect the setting of the mileage rate for working supervisors at twenty cents a mile and an hourly rate of pay of $6.77 in 1984, $7.25 in 1985 and 1986, $7.50 for 1987, $7.75 in 1988 and 1989 which was subsequently reset at $8.00 for 1989 and $8.50 for 1990. A review of the records of Bradford Township reflect that Pingie was paid for functions which did not relate to the working position as township roadmaster. Fact Finding 10. The total compensation received by Pingie for the years in question totaled $3,270.63. In determining whether the actions of Pingie violated Section 3(a) of the Ethics Act, we must review the pertinent provisions of the Second Class Township Code. Although we do not have jurisdiction to interpret the provisions of the Second Class Township Code per se, it is necessary to review those provisions of law in order to make a determination as to whether the financial gain was compensation other than provided for by law under Section 3(a) of the Ethics Act. The Second Class Township Code provides that township supervisors shall receive the following compensation: Compensation of Supervisors -- Supervisors may receive from the general township fund, as compensation, an amount fixed by ordinance not in excess of the following: Township Population Not more than 4,999 5,000 to 9,999 10,000 to 14,999 15,000 to 24,000 25,000 to 34,999 35,000 or more Annual Maximum Compensation Fifteen hundred dollars Two thousand dollars Twenty -six hundred dollars Thirty -three hundred dollars Thirty -five hundred dollars Four thousand dollars Mr. Allen Pingie Page 23 Such salaries shall be payable monthly or quarterly for the duties imposed by the provisions of this act. The population shall be determined by the latest available official census figures. The compensation of supervisors, shall be fixed by the township auditors either per hour, per day, per week, semi - monthly or monthly, which compensation shall not exceed compensation paid in the locality for similar services, and such other reasonable compensation for the use of a passenger car, or a two axled four - wheeled motor truck having a chassis weight of less than two thousand pounds when required and actually used for the transportation of road and bridge laborers and their hand tools and for the distribution of cinders and patching material from a stock pile, as the auditors shall determine and approve; but not supervisor shall receive compensation as a superintendent or roadmaster for any time he spends attending a meeting of supervisors. 53 P.S. S65515. In reference to the meetings for which supervisors may receive compensation, the Code further provides as follows: The township supervisors shall meet for the transaction of business at least once each month, at a time and place to be fixed by the board, but they shall not be paid for more than sixteen meetings in any one year, except for any township where, on account of the exercise of governmental functions other than those relating to roads, more meetings are necessary, in which case, the number of meetings for which the supervisors may be paid may be increased to any number, not exceeding fifty meetings in any year which shall include hearings by aggrieved parties under the Pennsylvania Sewage Facilities Act and other hearings by aggrieved parties hearings of a judicial or quasi - judicial nature. Two members of any board of supervisors consisting of three members shall constitute a quorum and three members shall constitute a quorum. Except as otherwise provided in this act, an affirmative vote of a majority of the entire board of any supervisors shall be necessary in order to transact any business. Necessary expenses incurred in such meetings, including office rent, stationery, light and fuel, shall be paid out of the general township fund. 53 P.S. 565512. Mr. Allen Pingie Page 24 The duties that a supervisor is responsible for performing are regulated by statute. As can be seen from the foregoing, the compensation to be paid for a supervisor who is not otherwise employed by the township is strictly regulated by the Second Class Township Code. A supervisor may only receive compensation, as set forth above, for supervisor meetings regarding the transaction of township business. The type of meeting for which a township supervisor may be compensated must be one at which official township business is transacted. Additionally, the Second Class Township Code provides for compensation at the specific meetings outlined in S65512, above. The Code does not appear to permit the compensation of a township supervisor for attending other types of meetings or for performing the administrative functions of his office. Any such other compensation must be earned in and as part of the services performed while serving in one of the statutory authorized positions. Thus, if the township supervisors were to award to themselves compensation for attendance at meetings that are not official township meetings of the board of supervisors, or for performing duties not authorized by law such would violate the provisions of the State Ethics act as such payment would not constitute compensation provided by law. The above interpretation of the Second Class Township Code is a view that has also been expressed by the State Association of Township Supervisors which specifically indicated that supervisors may not be compensated for meetings with engineers, solicitors, planning commissions, authorities, or recreation boards. See Township News, May, 1985, Page 66. The Code sets forth clearly when supervisors may receive compensation other than as set forth above. Generally, township supervisors may be employed by the township as a roadmaster, laborer, or secretary /treasurer. 53 P.S. S65410. The compensation to be paid to supervisors working in such positions is to be fixed by the township board of auditors. 53 P.S. S65515; 65531, 65540. Township supervisors may not receive any other compensation except as provided above. This concept has been upheld by various courts in the Commonwealth. In Coltar v. Warminister Township, 8 pa. Commw. Ct. 163, 302 A.2d 859, (1973), the Commonwealth Court of Pennsylvania held that a second class township supervisor may not appoint himself to positions other than those set forth in the township code ( roadmaster, laborer, or secretary /treasurer), and receive compensation therefore. See also Conrad v. Exeter Township, 27 D & C 3d 253, (Berks 1983). It is clear, therefore, that the duties for which a township supervisor may be compensated are strictly regulated by the code, and when performing in the positions set forth in the Code, the supervisor's pay must be specifically set forth by the township board of auditors. In applying the above provisions of law to the instant matter, we find that Pingie violated Section 3(a) of the Ethics Act. Pingie used public office to obtain financial gain consisting of the $3,270.63 in payments which constitute a financial gain and which is not compensation provided for by law. The foregoing compensation received Mr. Allen Pingie Page 25 by Pingie was for activities which did not relate to the working position as township roadmaster but rather to the elected position of township supervisor. Accordingly, Pingie is ordered to make restitution through this Commission payable to the order of Bradford Township in the amount of $3,270.63. IV. Conclusions of Law: 1. Allen Pingie as a Bradford Township supervisor is a public official subject to the provisions of the Ethics Act. 2. Pingie violated Section 3(a) of the Ethics Act by receiving $3,270.63 for performing functions which did not relate to the township employee position of roadmaster which is therefore a financial gain other than compensation provided for by law. In re: Allen Pingie : File Docket: 87 -141 -C : Date Decided: February 14, 1991 : Date Mailed: February 28, 1991 ORDER No. 782 1. Alien Pingie as a Bradford Township supervisor violated Section 3(a) of the Ethics Act by receiving $3,270.63 for performing functions which did not relate to the township employee position of roadmaster which is therefore a financial gain other than compensation provided for by law. 2. Pingie is ordered to make restitution through this Commission payable to the Order of Bradford Township in the amount of $3,270.63. BY THE COMMISSION, ROBERT W. BROWN, VICE CHAIR Mr. Al Pingie 892 W. Washington Street Bradford, PA 16701 Dear Mr. Pingie: STATE ETHICS COMMISSION 309 FINANCE BUILDING P.O. BOX 11470 HARRISBURG, PA 1 71 08 -1 470 TELEPHONE (717) 783 -1610 May 7, 1991 Re: Order No. 782, File No. 87 -141 -C On April 5, 1991, the State Ethics Commission approved your requested payment method (refer to letter dated April 16, 1991 from Robert P. Caruso) for reimbursing Bradford Township as required by Order No. 782. We have forwarded your check No. 3435 in the amount of $50.00 to Bradford Township. For future reference, we will expect checks in the amount of $50.00 by the 30th of each month. This letter will be part of the Order and a public record as such. JJC /slj cc: Public Binder Sin ere E ohn J •• ni xec. ive Director