Loading...
HomeMy WebLinkAbout789 BlaskoIn re: Edward Blasko STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17t20 : File Docket: 88 -023 -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 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 S2.38. 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 Supervisor of Sterling Township, Wayne County, violated the following provisions of the State Ethics Act (Act 170 of 1978), when you were compensated for the use of your personal equipment without an open and public process; and when you were compensated for attending supervisors meetings in excess of that allowed by the Second Class Township Code: II. Findings: 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). Section 3. Restricted activities. (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. Edward Blasko served as Township Supervisor in Sterling Township, Wayne County, Pennsylvania from 1983 until May 1988: a. Blasko was appointed to fill the unexpired term of his brother who passed away in 1983. b. He was elected in November of 1985 and began his first full term in January of 1986. c. He resigned his position in May of 1988. 2. At the Sterling Township Board of Supervisors Reorganizational Meetings held in 1984, 1985, 1986, 1987 and 1988, approval was given to motions authorizing all supervisors to be classified as working supervisors: Mr. Edward Blasko Page 2 a. January 3, 1984 - Reorganizational Meeting The Supervisors were Kenneth Wilmot, Michael Burke and Edward Blasko, and a motion to approve all supervisors as working supervisors passed unanimously. Blasko was appointed Roadmaster. The board authorized the roadmaster to use his equipment at a rate set by the auditors. b. Janua 7 1985 - Reor•anizational Meetin The Supervisors were Kenneth Wilmot, Michael Burke and Edward Blasko, and a motion to approve all supervisors as working supervisors passed unanimously. Blasko was appointed Roadmaster. c. January 6, 1986 - Reorganizational Meeting The Supervisors were Kenneth Wilmot, Michael Burke and Edward Blasko, and a motion to approve all supervisors as working supervisors passed unanimously. Blasko was appointed Roadmaster. d. January 5, 1987 - Reorganizational Meeting The Supervisors were Kenneth Wilmot, Joseph Mozaleski and Edward Blasko, and a motion to approve all supervisors as working supervisors passed unanimously. Blasko was appointed Roadmaster. e. January 4, 1988 - Reorganizational Meeting The Supervisors were Kenneth Wilmot, Janet Olsommer and Edward Blasko, and a motion was passed approving Blasko and Wilmot as working supervisors. Blasko was appointed Roadmaster. 3. Edward Blasko worked as Roadmaster in 1984, 1985, 1986, 1987 and 1988. He prepared Township's Bi- Weekly or Semi - Monthly Payroll Report (Form MS -907), which contained the signatures of the township supervisors which indicate their approval. The payroll reports reflect that Blasko worked the following number of hours: a. 1984 - 1627 Hours b. 1985 - 1664 Hours c. 1986 - 887 Hours Mr. Edward Blasko Page 3 d. 1987 - 1197 Hours e. 1988 - 454 Hours 4. The Sterling Township Board of Auditors held annual reorganizational meetings in 1984, 1985, 1986, 1987 and 1988. The auditors approved hourly rates to be paid to working supervisors along with compensation for the use of certain equipment by the roadmaster: a. At the meeting held on January 4, 1984, the Auditors were Joe Kozlowski, Mae Gilpin and Lawrence Simmons. They set the roadmaster's salary at $7.00 per hour and $7.50 an hour for the use of his pick -up; $30.00 per hour or $9.00 per load for the use of his loader; and $7.00 per hour for the use of his H- tractor. b. At the meeting held on January 8, 1985, the Auditors were Joe Kozlowski, Mae Gilpin and Lawrence Simmons. They set the roadmaster's salary at $8.00 per hour and $8.00 per hour for the use of his pick -up; $30.00 per hour or $9.00 per load for the use of his loader; and $7.00 per hour for the use of his H- tractor. c. At the meeting held on January 7, 1986, the Auditors were Joe Kozlowski, Mae Gilpin and Annette Dorry. They set the roadmaster's salary at $8.00 per hour and $8.00 per hour for the use of his pick -up; $30.00 per hour or $9.00 per load for the use of his front -end loader; and $7.00 per hour for the use of his H- tractor. d. At the meeting held on January 6, 1987, the Auditors were Joe Kozlowski, Mae Gilpin and Annette Dorry. They set the roadmaster's salary at $8.00 per hour and $8.00 per hour for the use of his pick -up; $30.00 per hour or $9.00 per load for the use of his front -end loader; and $7.00 per hour for the use of his H- tractor. e. At the April 29, 1988 Auditors meeting, the auditors noted that the benefits for the supervisors and roadmaster had been set at the January 5, 1988 meeting. The auditors decided to have the benefits and salaries of the working supervisors remain as is for the 1988 year with a complete re- evaluation made at the January 1989 Auditors meeting. 5. Joseph Kozlowski was an Auditor in Sterling Township from 1965 to the end of 1988: Mr. Edward Blasko Page 4 a. The supervisors told the auditors they couldn't come up with anyone who would leave their front -end loader and tractor at the Township Building for the limited use the township required. b. The supervisors told them the township could use Blasko's equipment for a certain price, and the auditors agreed to pay the amount. c. The auditors never questioned the legality of the deal as the township was broke, and they were trying to get the most for their money. 6. Annette Dorry was an Auditor in Sterling Township from January of 1986 to May of 1988: a. She approved payments to Supervisor Blasko for the use of his front -end loader and tractor at the Auditors January Reorganizational Meeting. b. She was not aware that the auditors lacked the authority to permit the township to rent Blasko's equipment. 7. Mae Gilpin was an Auditor in Sterling Township from 1968 to 1988: a. The policy of renting equipment from one of the supervisors started when John Blasko was Supervisor and Roadmaster, and the auditors authorized the rental of equipment from Edward Blasko. b. The supervisors told her that it was better to pay Blasko for the number of hours the equipment was used rather than paying to hire a front -end loader and tractor. 8. Anne Nadine Hager has served as an Auditor in Sterling Township from January of 1988 to the present: a. The auditors approved payment to Supervisor Blasko, at the January 1988 Auditors meeting, for the use of his equipment. 9. Advertisements were published in the Wayne County Independent Legal Section of the Classified Advertisements by the Sterling Township Supervisors seeking bids for heavy equipment: Mr. Edward Blasko Page 5 a. Newspaper for Saturday and Sunday, March 10 & March 11, 1984: Sterling Township Bids Wanted Sterling Township is seeking bids for a three or four yard bucket loader by the hour, on call, to load road material, non -skid. Michael Burke, Secretary b. Newspaper for Tuesday, March 13, 1984 Sterling Township Bids Wanted Sterling Township is seeking bids for a three or four yard bucket loader by the hour, on call, to load road material, non -skid. Michael Burke, Secretary c. Newspaper for Thursday, January 17, 1985 Sterling Township Bids Wanted Sterling Township Board of Supervisors is seeking bids for a three or four yard bucket loader, by the hour, on call, to load non -skid and stone for use on the township roads; a farm tractor, by the hour, on call, to pull stone, rake and remove stones. Michael Burke, Secretary 10. You were compensated by Sterling Township for the use of your front -end loader and H- tractor during 1984, 1985, 1986 and 1987 in the following amounts: a. 1984 Amount For Amount For Month Year Loader Tractor January 1984 $ 276.00 February 1984 108.00 - March 1984 216.00 - April 1984 72.00 - May 1984 117.00 $ 98.00 June 1984 525.00 280.00 Mr. Edward Blasko Page 6 Amount For Amount For Month Year Loader Tractor July 1984 45.00 7.00 August 1984 - - September 1984 180.00 126.00 October 1984 351.00 77.00 November 1984 - - December 1984 63.00 b. 1985 Amount For Amount For Month Year Loader Tractor January 1985 $ 162.00 - February 1985 177.00 March 1985 36.00 April 1985 102.00 May 1985 234.00 June 1985 18.00 140.00 July 1985 - - August 1985 18.00 - September 1985 378.00 22.50 October 1985 - November 1985 441.00 December 1985 135.00 c. 1986 TOTALS $1,953.00 $588.00 TOTALS $1,701.00 $162.50 Amount For Amount For Month Year Loader Tractor January 1986 $ 201.00 - February 1986 288.00 - March 1986 198.00 April 1986 72.00 - May 1986 135.00 - June 1986 225.00 July 1986 99.00 August 1986 144.00 September 1986 - October 1986 244.00 November 1986 219.00 December 1986 234.00 TOTALS $2,059.00 $ 0 Mr. Edward Blasko Page 7 d. 1987 Month January February March April May June July August September October November December b. Year 1987 1987 1987 1987 1987 1987 1987 1987 1987 1987 1987 1987 Amount For Amount For Loader Tractor $ 189.00 81.00 72.00 153.00 297.00 450.00 18.00 9.00 171.00 45.00 TOTALS $1,485.00 $ 0 e. Totals 1984, 1985, 1986 and 1987: Loader Tractor $7,198.00 $750.00 11. At the December 2, 1986 regular meeting of the Sterling Township Board of Supervisors, Edward Blasko, along with Township Supervisor, Kenneth Wilmot, voted to approve Sterling Township Ordinance #86 -1. 12. Ordinance #86 -1 set the compensation paid to supervisors for attending meetings at $50.00 per meeting, not to exceed $1,500 per year: a. The Ordinance was to take effect on the 5th day after its passage. The Ordinance is dated December 2, 1986 and contains Edward Blasko's signature, along with that of Supervisor, Kenneth Wilmot. 13. The Sterling Township payroll records contained on the Bi- Weekly or Semi- Monthly Payroll Report (Form MS -907) confirm that Edward Blasko was paid the following amount for attendance at supervisors meetings: a. 1986 - 12 Meetings at $25.00 a Meeting For a Total of $300.00 Mr. Edward Blasko Page 8 b. 1987 - 15 Meetings at $50.00 a Meeting For a Total of $750.00 14. Edward Blasko provided a statement to investigators from the State Ethics Commission: a. He was Assistant Roadmaster in Sterling Township from 1978 to 1983. His brother (John) was Supervisor at the time. b. In 1983, his brother (John) passed away, and he was appointed Supervisor and Roadmaster. c. He was elected supervisor in November of 1985 and took office for a second term in January of 1986. d. He did not want to use his front -end loader and tractor for township work. He did not want to leave the equipment outside in the township yard as it had been vandalized a number of times. e. He told the other supervisors to advertise for someone else to provide the equipment. f. Advertisements were placed in the Wayne County Independent requesting bids for the township's use of a front -end loader and tractor. No bids came in as a result of the advertisement. He received less than the going rate for the use of the equipment and was never compensated for the full number of hours that the equipment was used. h. He recalled passing Sterling Township Ordinance #86 -1 in December of 1986. The Ordinance was drawn up by Solicitor, Wendell Kay. g. i. He signed the Ordinance but doesn't recall its exact wording or having read it in depth. 15. Kenneth Wilmot served as a Sterling Township Supervisor: a. The township was using Blasko's equipment when he took office in 1982. b. Blasko's brother (John) was a Supervisor at that time, and Ed Blasko was the Assistant Roadmaster. Mr. Edward Blasko Page 9 c. The supervisors advertised for someone to rent them a front -end loader or tractor. d. No one responded to the advertisements. e. Blasko was willing to leave his loader at the township building for the entire winter and accept $9.00 a load for its use. f. The auditors approved this arrangement at the reorganizational meeting. 16. Wendell Kay served as the Sterling Township Solicitor: a. He was Township Solicitor during the time Edward Blasko served as Supervisor and advised him on matters in question. b. He wrote Ordinance #86 -1 authorizing Sterling Township Supervisors to receive an increase in pay for attending supervisors meetings. c. He researched the legality of the supervisors receiving the increase after Ordinance #86 -1 was passed. He received conflicting opinions from the Department of Community Affairs and the State Association of Township Supervisors. d. He provided the supervisors with a written opinion stating they were entitled to the increase in pay. 1) No written opinion is on file with the township. III. Discussion: As a supervisor in Sterling Township, Edward Blasko, hereinafter Blasko, was a public official as that term is defined under the Ethics Act and Regulations of this Commission. 65 P.S. 5402; 51 Pa. Code 51.1. 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 9 of Act 9 of June 26, 1989 provides, in part, as follows: "This amendatory act shall not apply to violations committed prior to the effective date of this act, and causes of action initiated for such violations shall be governed by the prior law, which is continued in effect for that purpose as if this act were not in force. For the Mr. Edward Blasko Page 10 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. 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 this governmental body unless the contract was awarded through an open and public process. In the instant matter we must determine as to whether Blasko as a township supervisor violated Sections 3(a) and 3(c) of the Ethics Act regarding the allegations of the use of his personal equipment by the township without an open and public process and as to his compensation for supervisors meetings in excess of the amount allowed by the Second Class Township Code. Blasko was originally appointed to an unexpired term in Sterling Township and then was elected and began serving his first full term in January of 1986. Blasko continued in the position of township supervisor until 1988. During the reorganizational meetings of the Sterling Township Board of Supervisors for the years 1984 -1988, Blasko was appointed in each year to a working position as roadmaster. In addition, the Sterling Township Board of Auditors in their reorganizational meetings for 1984 through 1988 set both the hourly rates to be paid for working supervisors as well as the compensation for the use of certain equipment by Blasko as roadmaster. The auditors did not question the propriety of Blasko using his front end Mr. Edward Blasko Page 11 loader or tractor at the township building since the township was in dire financial straits and was trying to get the most for its money. As to the utilization of heavy equipment, the township did on several occasions in 1984 and 1985 run advertisements in local newspapers for the submission of bids but none were received. The amounts paid to Blasko by the township for the years 1984 through 1987 for the use of his front end loader and tractor were, with the exception of a $525 payment made in June 1984 for the front end loader, less than the $500 threshold amount of Section 3(c) quoted above. However, more importantly, the work for the front end loader and tractor were put out for bid by the township through newspaper advertisements and no bids came in as a result of such advertisements. Accordingly, we find no violation of Section 3(c) in the instant matter in light of the fact that the township did engage in an open and public process regarding the award of the contract for the heavy equipment. Turning to the second aspect of the allegation, we note that on December 2, 1986, Blasko along with the two other township supervisors voted in favor of Sterling Township Ordinance 86 -1 which set the compensation for supervisors in attending township meetings to $50 per meeting not to exceed $1,500 per year. The Ordinance took effect on the fifth day after its passage and contained the signatures of Blasko along with the other two supervisors. Blasko received meeting pay of $300 for 1986 and $750 for 1987. In applying the provisions of Section 3(a) of the Ethics Act to the instant matter, we note that there was a use of office on the part of Blasko in approving this Ordinance which set the compensation for the supervisors for attending township meetings. Such was a financial gain; however, the financial gain is compensation which is provided for in law pursuant to Section 515 of the Second Class Township Code, 53 P.S.S65515(a). Accordingly, we find no violation of Section 3(a) of the Ethics Act regarding the compensation for attending supervisors meetings. IV. Conclusions of Law: 1. Edward Blasko as a supervisor in Sterling Township was a public official subject to the provisions of the Ethics Act. 2. Blasko did not violate Section 3(c) of the Ethics Act regarding being compensated for the use of his personal equipment for the township which contract was awarded through an open and public process. 3. Blasko did not violate Section 3(a) of the Ethics Act regarding enacting an ordinance which set the compensation for attending supervisors meetings since such compensation was provided for by law. In re: Edward Blasko : File Docket: 88 -023 -C : Date Decided: February 14, 1991 : Date Mailed: February 28, 1991 ORDER No. 789 1. Edward Blasko as a Sterling Township Supervisor did not violate Section 3(c) of the Ethics Act regarding being compensated for the use of his personal equipment for the township which contract was awarded through an open and public process. 2. Blasko did not violate Section 3(a) of the Ethics Act regarding enacting an ordinance which set the compensation for attending supervisors meetings since such compensation was provided for by law. BY THE COMMISSION, ROBERT W. BROWN, VICE CHAIR