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HomeMy WebLinkAbout760 SheetsIn re: Ronald Sheets f � iZ_r�i�t4 STATE ETHICS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 File Docket: 88 -009 -C : Date Decided: ikugust 16, 1990 : Date Mailed: August 24, 1990 Before: Helena G. Hughes, Chair Robert W. Brown, Vice Chair G. Sieber Pancoast Dennis C. Harrington James M. Howley Daneen E. Reese 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 U2.38. 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 Pulaski Township Supervisor, Beaver County, violated the following provisions of the State Ethics Act (Act 170 of 1978), when you voted to appoint wife as Secretary /Treasurer and voted to set her salary. 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. §403(a). II. Findings: 1. You were appointed to a position on the Pulaski Township Board of Supervisors in April 1986. 2. You ran for re- election in 1987 and began serving a new term in January 1988. 3. Records of the Pulaski Township Supervisors meeting reflect the following in regard to your appointment as Supervisor. a. April 7, 1986: Vacancy board meeting: Upon motion made by Mooney and seconded by Blosser. Ronald Sheets was appointed to fill the vacancy of Lloyd Smith. A roll call vote was held and Ronald Sheets was unanimously appointed to fill the vacancy created by the resignation of Lloyd Smith. 4. Records of the Pulaski Township Supervisors meetings reflect the following regarding to the hiring of Nina Sheets. a. January 6, 1986: Moti©n t ,_A�oone� �y and seconded by Blosser to na Nina Sheets Secretary /Treasurer at the same salary asIast year ($4,100.00). Vote: Mooney - yes; Blosser - yes; Smith - yes. b. January 15, 1987: It was moved by Blosser and seconded by Sheets that Nina Sheets be reappointed Secretary /Treasurer for 1987. Mr. Ronald Sheets Page 3 Vote: Blosser - yes; Mooney - yes; Sheets - yes. c. January 4, 1988: Motion by Mooney, second by Blosser that Nina Sheets be appointed Secretary /Treasurer for another year. Vote: Blosser - yes; Mooney - yes; Sheets - yes. d. January 3, 1989: It was moved by Mooney and seconded by Blosser to appoint Nina Sheets as Secretary /Treasurer at a salary of $4, 600.00 per year. Vote: Blosser - yes; Mooney - yes; Sheets - yes. 5. Nina Sheets was hired as the township secretary /treasurer prior to Ronald Sheets appointment to the board of supervisors. 6. Statements of Financial Interest on file with the Pulaski Township Secretary show the following Statements for Ronald Sheets. a. Filing date: February 2, 1988 For the year: 1988 Source of income: Millin Wrights Local 2235 Creditors: Century National Bank 15.74 percent All other Financial Interest categories: none b. Filing date: August 4, 1987 For the year: 1986 Source of income: Millin Wrights Local 2235 and rental property. Creditors: Century National Bank, no interest listed. All other Financial Interest categories: none 7. Statements of Financial Interest on file with the Pulaski Township Secretary show the following statements for Nina Sheets. a. Filing date: February 9, 1988 For the year: 1987 Source of income: Marion Hill Alliance Church in Pulaski Township Creditors: Century National Bank, 12 percent. Real Estate Interest: 516 -518 Eighth Avenue, New Brighton (rental) All other Financial Interest categories: none Mr. Ronald Sheets Page 4 8. Records for the years compensation for Nina Sheets 1986 1989. a. 1986: 1. Payroll records indicate a gross income of $4,100.00; a net income of $3,610.91; and a monthly salary of $341.66. 2. The W -2 Wage and Tax Statements indicates the total wages as $4,100.00. b. 1987: 1. Payroll records indicate a gross income of $4,100.00; a net income of $3,629.68; and a net income of 341.66. 2. The W -2 Wage and Tax Statements indicate the total wages as $4,100.00. c. 1988: 1. Payroll records indicate a gross income of $4,099.92; and a monthly salary of $341.66. 2. The W -2 Wage and Tax Statement indicate the total wages as $4,099.92. d. 1989: 1. Payroll records indicate a gross income of 96; a net income of $3,528.36; and a monthly salary of $383.33. 2. The W -2 Wage and Tax Statement indicates the total wages as $4,599.96. 9. The other Supervisors voted to hire Nina Sheets because they believed that she was qualified. 10. The supervisors did not believe that there was any conflict of interests in Ronald Sheets voting for the salary of his spouse. 11. All votes to hire Nina Sheets, or increase her compensation were unanimous. Mr. Ronald Sheets Page 5 III. Discussion: As a Pulaski Township Supervisor, Ronald Sheets is a public official as that term is defined under the Ethics Act. 65 P.S. 5402; 51 Pa. Code §1.1. 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. The allegation before us in this case is whether Sheets as a township supervisor voted to appoint his wife as secretary /treasurer and set her salary. Sheets was appointed to the position of Pulaski Township Supervisor in April 1986 and continues to serve in that position after his election in 1987. In a January 6, 1986 board meeting, Sheets' wife Nina was appointed as secretary /treasurer of the township. Sheets was not a member of the board at that time. However, in a January 15, 1987 meeting, Sheets seconded and voted in favor of a motion to reappoint his wife as secretary /treasurer. Mr. Ronald Sheets Page 6 Thereafter, in the January 4, 1988 meeting, Sheets also voted in favor of a motion to appoint his wife secretary /treasurer for the following year. Finally in the January 3, 1989 meeting, Sheets once again voted in favor of the appointment of his wife as secretary /treasurer at a salary of $4,600.00 per year. Since all of the above votes were unanimous, Sheets was not the deciding vote in any of his wife's reappointments. Although not an issue before us, the Statement of Financial Interests filed by Sheets and his wife are deficient in that they failed to list Pulaski Township as a source of income. In addition, since Sheets only filed for the calendar years 1986 and 1988 and since Nina Sheets only filed for the calendar year 1987, it appears that Sheets and his wife have failed to file for all calendar years in which they served in public office as is required by Section 4 of the Ethics Act. In applying the above facts to Section 3(a) of the Ethics Act quoted above, we believe that Sheets violated Section 3(a) of the Ethics Act because he did use office to obtain a financial gain for a member of his immediate family which is compensation other than provided for by law. In particular, his seconding or voting in favor of motions is clearly a use of office. Such use of office resulted in a financial gain in that he voted in favor of the reappointment or setting the salary of his wife who is a member of his immediate family as that term is defined under the Ethics Act. 65 P.S. §402. Finally, the financial gain is other than compensation provided for by law because there is no provision in the Second Class Township Code which authorizes a township supervisor to vote for the appointment of a member of his immediate family to a position of employment with the township. Given all the circumstances in this case, we will take no further action. However, Sheets is directed to desist from participating or voting on any matter involving his wife. Secondly, he is directed to file Statements of Financial Interests for the calendar years 1985, 1987 and 1989 as well as file amended Financial Interests Statements for the calendar years 1986 and 1988 which would reflect Pulaski Township as a source of income within 30 days of the date of this gr . st ; . eet ,s nc before s in this case, she might be well advised to also _file Fi nancial Interests Statements for the calendar years 1985, 1986, 1988 and 1989 as well as file an amended Financial Interests Statement for the calendar year 1987 which would include Pulaski Township as a source of income. Mr. Ronald Sheets Page 7 IV. Conclusions of Law: 1. Ronald Sheets as a supervisor in Pulaski Township is a public official subject to the provisions of the Ethics Act. 2. Ronald Sheets violated Section 3(a) of the Ethics Act when he seconded or voted in favor of Motions to appoint his wife or set her salary as township secretary /treasurer. 3. Ronald Sheets is directed to file amended Statements of Financial Interests for the calender years 1986 through 1989 listing Pulaski Township as a source of income and file Financial Interests Statements for the calendar years 1985, 1987 and 1989 within 30 days of the date of this order. In re: Ronald Sheets . File Docket: 88 -009 -C . Date Decided: August 16, 1990 : Date Mailed: August 24. 1990 ORDER No. 760 1. Ronald Sheets as a Supervisor in Pulaski Township violated Section 3(a) of the Ethics Act when he seconded or voted in favor of motions to appoint his wife or set her salary as secretary /treasurer of the township. 2. Ronald Sheets is directed to file amended Statements of Financial Interests for the calendar years 1986 through 1989 which list Pulaski Township as a source of income within 30 days of the date of this order. 3. Ronald Sheets is directed within 30 days of the date of this Order to file Financial Interests Statements for the calendar years 1985, 1987 and 1989. 4. Ronald Sheets is directed to desist from participating or voting on any matters involving his wife. 5. Failure to comply with the provisions of paragraph numbers 2 and 3 will result in the referral of this matter to the appropriate law enforcement authority. 6. No further action will be taken as to the violation of Section 3(a) referenced in paragraph number 1 due to the totality of the facts and circumstances of this case. BY T E COMMISSION / 1 , /HELENA G. HUGHES, CHAIR