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