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In Re: Keith Wesley,
Respondent
STATE ETHICS COMMISSION
FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120-0400
File Docket:
X-ref:
Date Decided
Date Mailed:
FACSIMILE: 717-787-0806
WEBSITE: www.ethics.oa.aov
19-012
Order No. 1775
6/22/20
7/1/20
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Michael A. Schwartz
Shelley Y. Simms
This is a final adjudication of the State Ethics Commission.
Procedurally, the Investigative Division of the State Ethics Commission conducted
an investigation regarding possible violation(s) of the Public Official and Employee Ethics
Act ("Ethics Act"), 65 Pa.C.S. § 1101 et she ., by the above -named Respondent. At the
th commencement of its investigation, e Investigative Division served upon Respondent
written notice of the specific allegations. Upon completion of its Investigation, the
Investigative Division issued and served upon Respondent a Findings Report identified
as an "Investigative Complaint." A Stipulation of Findings and a Consent Agreement were
subsequently submitted by the parties to the Commission for consideration. The
Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement
has been approved.
I. ALLEGATIONS:
That Keith Wesley, a public official/public employee in his capacity as a Supervisor
for Lower Southampton Township, Bucks County, violated Sections 1103(a) and 1103(f
of the State Ethics Act (Act 93 of 1998), 65 Pa.C.S. §§ 1103(a), 1103(f), when he utilized
the authority of his public office to approve issuance of payment to Hoffman Services,
Inc., a business with which he is associated, resulting in a pecuniary benefit to himself
and/or Hoffman Services, Inc.; and when the Township entered into contracts with
Hoffman Services, Inc. absent an open and public process, at a time when Wesley was
employed by Hoffman Services, Inc. as a Service Technician.
II. FINDINGS:
1. Keith Wesley ("Wesley") served as a Supervisor for Lower Southampton Township
("Township"), Bucks County, from 2007 until 2019.
a. Wesley did not win reelection in 2019.
b. Wesley served as either the Chairman or Vice -Chairman of the Township
Board of Supervisors ("Board") from at least 2010 through 2018.
2. The Township is a Second -Class Township, governed by a five -Member Board.
Wesle , 19-012
aP ge 2
a. Township Supervisors receive $343.75 per month gross compensation.
1. Supervisors are not required to be present at Township meetings in
order to receive compensation.
b. The Supervisors generally hold two regular meetings per month on the 2"d
and 4fn Wednesday of the month.
1. Bills are approved for payment at each regular meeting.
C. Minutes of the prior Supervisors meeting are approved for accuracy at each
subsequent meeting of the Board.
3. Voting by Supervisors at Township meetings occurs via group voice vote (aye or
nay) after a motion is made and properly seconded.
a. Abstentions and/or dissenting votes are specifically documented within the
official meeting minutes.
b. If an abstention and/or dissenting vote is cast, the vote is identified, and the
other Supervisors vote by roll call.
4. In order to be properly prepared, meeting packets are issued to the Supervisors
approximately a few days prior to a scheduled Township meeting.
a. Meeting packets usually include an agenda, draft minutes, payables
register, bill lists, etc.
5. Each Township meeting, the Supervisors typically approve a Consent Agenda that
includes the following:
a. Minutes of the prior Township meeting.
b. Approval of accounts payable.
C. Approval of certain re -occurring monthly bills.
6. Copies of the bill lists are provided to the Supervisors at the time of the regular
meeting so that a vote for approval can be taken.
a. Bill lists generally identify the Township fund where the money is to be
debited rom, name of the vendor, description of the services provided,
payment due date, and amount.
7. Once a bill list is approved by the Township Supervisors, checks are processed
for payment by the Township's Finance Director.
a. No live signatures are used for any Township -issued checks.
b. The Finance Director maintains a facsimile signature stamp at the Township
office for the Township Supervisors serving as Chairman and
Secretary/Treasurer of the Board of Supervisors.
1. Facsimile stamped signatures of the Chairman and
Secretary/Treasurer appear on all Township checks issued after bill
lists are approved by the Board.
THE FOLLOWING FINDINGS RELATE TO THE APPROVAL OF PAYMENTS TO
Wesley, 19-012
Page 3
HOFFMAN SERVICES, INC. AND THE TOWNSHIP'S ENTRY INTO CONTRACTS
WITH HOFFMAN SERVICES, INC.
8. The New Jersey Division of Revenue & Enterprise Services reflects that Hoffman
Services, Inc. was incorporated on or around December 12, 1957.
a. The principal office or location was identified as:
55 East Bigelow Street
Newark, NJ 07114
9. Hoffman Services, Inc. specializes in all types of lifts that range from in -ground,
heavy duty bus and truck lifts to surface -mounted automotive electric lifts.
a. Hoffman Services offers sales, installation, parts and service for most major
brand automotive lifts.
1. All work is performed by factory trained technicians.
b. Sales, maintenance, inspections, and parts invoiced by Hoffman Services,
Inc. for calendar year 2015 totaled approximately $3.6 million.
10. Wesley has been employed with Hoffman Services, Inc. as a Senior Service
Technician since approximately 2009.
a. Wesley does not serve as an officer or as a principal for Hoffman Services,
Inc.
11. As a Senior Service Technician, Wesley is paid a salary by Hoffman Services, Inc.
a. Wesley does not receive any commission on the sale or service of any lifts
sold by Hoffman Services,
12. As a Senior Service Technician, Wesley is provided with a company vehicle.
a. The company vehicle provided to Wesley is a van which prominently
displays the name/logo of Hoffman Services, Inc.
13. In or around April 2015, the Township Public Works Department encountered a
problem when a vehicle became stranded on a lift stuck in the upright position at
the Township garage.
a. The Public Works Department maintains and services the police and public
works fleet of vehicles and equipment.
14. In 2015, the Pennsylvania Department of Labor and Industry bidding thresholds
required municipalities to obtain three quotes for contracts and purchases valued
between $10,500.00 and $19,400.00.
15. Joe Condo ("Condo") has served as Public Works Director for the Township since
in or around 2013.
a. Condo maintains supervision over approximately 18 employees.
16. Condo considered the situation of a vehicle being stuck on a lift at the Township
garage to be an emergency.
17. Between 2013 and 2019, the Township did not consistently obtain bids or quotes
Wesle , 19-012
Page
during/for emergency situations.
a. Emergency events mainly involved instances of raw sewage flowing into the
street and/or traffic signals being damaged.
18. John McMenamin ("McMenamin") served as Township Manager for the Township
from approximately 2012 until 2018.
a. As the Township Manager, McMenamin maintained supervision over all
Township employees, including Public Works Director Condo.
b. As the Township Manager, McMenamin managed the day-to-day
operations of the Township.
19. In or around April 2015, Condo advised McMenamin about a vehicle being stuck
in an upright position on the lift at the Township garage.
a. Condo further advised McMenamin that he considered the matter to be an
emergency.
20. At that same time (April 2015) Condo advised McMenamin that he was contacting
Hoffman Services, Inc. to obtain an estimate for a new lift in the Township garage.
a. Condo was aware that Township Supervisor Wesley was employed with
Hoffman Services, Inc.
b. McMenamin authorized Condo to contact Hoffman Services, Inc. to obtain
an estimate for a new lift.
C. Prior to 2015, no Township business had ever been awarded or directed to
Hoffman Services, Inc.
21. On April 15, 2015, Hoffman Services, Inc. provided the following two estimates to
the attention of Township Public Works Director Condo for a new lift as follows:
Description
Qty.
Rate
Total
Furnish and Install new Rotary SM18 Four Post Drive
1
$16,500
$16,500
on Lift
18,000 lb. capacity, 194" Wheelbase
Includes (1) Rolling Bridge Assembly RJ9000 - rated
for 9000 lbs.
Includes Air and Electric Hook Up
Furnish and Install new Rotary SM30 Four Post Drive
1
$24,000
$24,000
on Lift
18,000 lb. capacity, Overall Length 22'9"
Includes (1) Rolling Bridge Assembly RJ15 - rated
for 15000 Ibs.
Includes Air and Electric Hook Up
22. On or around the time the estimate was provided by Hoffman Services, Inc. to the
Township, Wesley requested that Condo contact other businesses to purchase the
WWesley, 19-012
Page 55
lift.
a. Wesley never directed Condo to contact Hoffman Services, Inc. to obtain
an estimate.
b. Wesley discouraged Condo from utilizing Hoffman Services, Inc.
C. Contrary to Wesley's request, Condo did not contact any other businesses
to obtain quotes for a lift.
23. Condo considered purchasing a new lift to be an emergency and did not obtain
quotes from any other businesses.
a. Township Manager McMenamin authorized Condo to purchase a new lift
from Hoffman Services, Inc. without obtaining quotes from other
businesses.
1. McMenamin based his decision on Condo's representation that the
purchase was an emergency situation.
24. Per the Township's standard operating procedure, whenever any work is
completed for the Township by any vendor, the Township Manager, Finance
Director, and Department Head are to sign off on the purchase indicating approval.
a. After the Township purchased the lift from Hoffman Services, Inc., the
invoice was signed by Township Manager McMenamin, Finance Director
Joe Galdo ("Galdo"), and Public Works Director Condo.
25. On or about June 2, [20151, at the time when Township employees decided to
purchase the new lift, the Township Supervisors had not voted to approve the
purchase.
a. The Township entered into a contract with Hoffman Services absent any
public notice prior to the purchase or any subsequent public disclosure of
all proposals considered.
26. On or around June 2, 2015, Hoffman Services, Inc. issued Invoice No. 7117 to the
Township for the purchase and installation of a new lift, to the attention of Condo,
as follows:
Date of Invoice
Invoice No.
Description
Amount
6/2/2015
7117
Furnished and Installed NEW Rotary SM18
$17,500.00
Post Drive on Lift
Includes 2 Rolling Bridge Assembly 9000
rated for 9000 lbs.
a. The Township purchased two RJ9000 Rolling Bridges instead of one,
increasingg the total cost to $17,500.00 from the original estimate of
$16,500.00,
27. The 2015 manufacturer list pprice for an SM18 Light Duty Lift and RJ9000 Rolling
Bridge Assembly totaled $21,838.00.
a. The list price for an SM18 Light Duty Lift was $12,482.00.
b. List price for a single RJ9000 Rolling Bridge Assembly was $4,678.00
Wesley, 19-012
Page 6
($9,356.00 for two).
28. The Township was charged by Hoffman Services a total of $17,500.00 for both the
SM18 Lift and the RJ9000 Rolling Bridge Assembly, [which was] $4,338.00 less
than the manufacturer price of $21,838.00.
a. Total cost to Hoffman Services, Inc. for the SM18 Lift and two Rolling
Bridges was $12,356.04 which included:
1. $7,012.27 for the SM18 Lift.
2. $5,343.77 for the two Rolling Bridges.
29. Hoffman Services' quote to the Township for furnishing and installing the lift did
not include a cost estimate to remove the existing vehicle lift.
a. The quote to the Township did not include costs for the removal of the old
lift, including but not limited to, the time or materials needed to perform the
lift removal.
b. Cost estimates for removal of the old lift were approximately $1,500.00, in
addition to the quote of $17,500.00.
Hoffman Services, Inc. did not charge the Township any extra fees
for removal of the old lift, including the time and materials needed to
do the job.
30. Hoffman Services, Inc. estimated total expenses of $7,278.00 for the installation
of the lift at the Township as follows:
a. Labor: $90.00 x 4 men x 8 hours = $2,880.00 for Installation.
b. Forklift Rental: $500.00.
C. Fuel, tolls, and mileage (150 miles round trip for 3 vehicles); tolls (roughly
$25.00 per vehicle per way according to the NJTP website); (Fuel cost wl
mileage efficiency of 8 gallons a mile of Diesel @$3.00 gallon = $56.00 per
vehicle) + Insurances.
d. Overtime Labor: $130.00 x 4 men x 4 hours = $2,080.00 (overtime)
e. Moving Existing Vehicle Lift wlanchors and shims: $1,500.00.
31. Costs incurred by Hoffman Services, Inc. for installing the new lift, rolling bridges
and expenditures for the lift installed at the Township totaled approximately
$19,634 04, determined as follows:
a. $12,356.04: lift and bridge assembly.
b. $7,278.00: expenditures that included wages, vehicles and materials.
C. Hoffman Services estimated a loss of $2,134,04 in relation to the removal
and sale of the lift at the Township caused in part due to the failure to quote
a cost for the removal of the old lift.
32. On or around June 24, 2015, Galdo, Director of Finance for the Township,
submitted a memorandum to the Board regarding the Board payables register for
May 24, 2015, that identified the following:
a. "Enclosed for your review and authorization is a detailed list of payables that
require your approval before disbursement can occur on June 24, 2015.
Thank you for your time and consideration."
Wesle , 19-012
Page
b. The payables included the lift purchase from Hoffman Services.
33. Galdo's memorandum to the Township Supervisors included a Bill Paying Report
listing numerous vendors being paid from Township funds.
a. Hoffman Services was included as part of the general fund expenditures.
b. Payments made to Hoffman Services, Inc. were reflected in multiple
Township funding accounts as sources for the payment to Hoffman
Services.
34. Wesley, as a Township Supervisor, participated in approving Check No. 22252 in
the amount of $17,500.00 to Hoffman Services, Inc. at the Township meeting of
June 24, 2015.
a. Facsimile stamped signatures appeared on the check for Wesley and
Edward Shannon ("Shannon").
1. The stamps were applied by Township Finance Director Galdo after
the bills were approved for payment.
2. The stamped signatures for Wesley as Chairman and Shannon as
Secretary/Treasurer for the Board were necessary as [Wesley and
Shannon were] the authorized signatories.
b. At the time Wesley voted to approve the payment to Hoffman Services,
Wesley was an employee of Hoffman Services, Inc.
35. The American National Standard Institute/Automotive Lift Institute ("ALI") requires
that all lifts be inspected annually by a Certified Lift Inspector; [failure to satisfy this
requirement may result in] fines from the Occupational Safety and Health
Administration.
a. Hoffman Services, Inc. is an ALI Certified Lift Inspector.
36. After the lift was installed at the Township, inspections of the lift were conducted
by Hoffman Services, Inc. in 2017 and 2018.
a. The decision to use Hoffman Services, Inc. for the lift inspections was made
by Public Works Director Condo.
37. Hoffman Services, Inc. performed various additional services for the Township,
which included inspections of the lift and supplies.
a. The Township was billed as follows by Hoffman Services for lift inspections
and parts supplied in 2017 and 2018:
Vendor No.
Vendor Name
Budget #
Sub #
Description
Due Date
Req #
Amount
5132
Hoffman Services, Inc.
1409
373
Vehicle Li
Inspection
1/26/2017
35911
$400.00
5132
Hoffman Services, Inc.
1430
251
Liha in
4/13/2017
36377
$220.00
5132
Hoffman Services, Inc.
1409
373
Garage Lift
Inspection
6/14/2018
39465
$400.00
38. Wesley, as a Township Supervisor, participated in approving the following
payments to Hoffman Services, Inc. for lift inspections:
Wesley, 19-012
Page 8
Check Date
Check No.
Amount
Wesley's Vote to Approve Payment of Bills
1/26/2017
25526
$400.00
YES
4/13/2017
25899
$220.00
NO - Absent from Meeting
6/14/2018
28320
$400.00
YES
a. Wesley participated in approving the payyment of bills at Township meetings
on January 25, 2017, and June 13, 2018, that included payments made to
Hoffman Services.
b. At the time Wesley voted to approve the payments, Wesley was an
employee of Hoffman Services.
39. In or around January 25, 2019, the issue of Hoffman Services, Inc. selling a lift to
the Township, along with doing inspections of the lift for the Township, was
questioned at a meeting of the Board.
a. The issue of a potential conflict of interest was raised in light of Wesley
being employed with Hoffman Services, Inc. as a Senior Service
Technician.
40. After questions were raised about Wesley's position with Hoffman Services, Inc.,
the Public Works Department for the Township decided to utilize a vendor other
than Hoffman Services to complete the lift inspections.
41. On June 20, 2019, and on November 20, 2019, Wesley provided the following
information to a Commission Investigator regarding the Township purchasing a
new lift from Hoffman Services, Inc:
a. It was well known in the Township that Wesley was employed with Hoffman
Services, Inc.
b. When Township Public Works Director Condo was considering purchasing
a new lift for the Township in 2015, Wesley requested that Condo not use
Hoffman Services, Inc.
1. Wesley advised Condo that he did not want to be involved in any
arrangement in purchasing a lift from Hoffman Services, Inc.
C. Wesley acknowledged that when he approved the Accounts Payable as a
Township Supervisor at the Township meeting on June 24, 2015, which
included the payment to be made to Hoffman Services Inc., he should have
recused himself.
1. Wesley stated that he was distracted with personal matters and did
not dedicate the appropriate time to review bill lists before the
Township meetings. Had he done so, he would have noticed
payment to Hoffman Services, Inc. and recused himself from the
vote.
d. Wesley denied receiving any type of financial benefit or commission from
Hoffman Services, Inc. regarding the sale of the lift to the Township.
1. The Investigative Division found no evidence of Wesley receiving
any type of financial benefit or commission from Hoffman Services,
Inc. regarding the sale of the lift to the Township.
Wesley, 19-012
Rage 9
111. DISCUSSION:
As a Township Supervisor for Lower Southampton Township ("TownshipBucks
County, Pennsylvania, from 2007 until 2019, Respondent Keith Wesley, also 1 ' erred to
herein as "Respondent," "Respondent Wesley," and "Wesley," was a public official subject
to the pprovisions of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S.
§ 1101 et sec..
The allegations are that Wesley violated Sections 1103(a) and 1103(f) of the Ethics
Act, 65 Pa.C.S. §§ 1103(a), 1103(f): (1) when he, as a Township Supervisor, utilized the
authority of his public office to approve issuance of payment to Hoffman Services, Inc., a
business with which he is associated, resulting in a pecuniary benefit to himself and/or
Hoffman Services, Inc.; and (2) when the Township entered into contracts with Hoffman
Services, Inc. absent an open and public process at a time when Wesley was employed
by Hoffman Services, Inc. as a Service Technician.
Pursuant to Section 1103(a) of the Ethics Act, a public official/public employee is
prohibited from engaging in conduct that constitutes a conflict of interest:
§ 1103. Restricted activities
(a) Conflict of interest. --No public official or public
employee shall engage in conduct that constitutes a conflict
of interest.
65 Pa.C.S. § 1103(a).
The term "conflict of interest" is defined in the Ethics Act as follows:
§ 1102. Definitions
"Conflict" or "conflict of interest." Use by a public official
or public employee of the authority of his office or employment
or any confidential information received through his holding
public office or employment for the private pecuniary benefit
of himself, a member of his immediate family or a business
with which he or a member of his immediate family is
associated. The term does not include an action having a de
minimis economic impact or which affects to the same de ree
a class consisting of the general public or a subclass
consisting of an industry, occupation or other group which
includes the public official or public employee, a member of
his immediate family or a business with which he or a member
of his immediate family is associated.
65 Pa.C.S. § 1102.
Subject to the statutory exclusions to the Ethics Act's definition of the term "conflict"
or "conflict of interest," 65 Pa.C.S. 1102, pursuant to Section 1103(a) of the Ethics Act,
a public official/public employee is prohibited from using the authority of public
office/employment or confidential information received by holding such a public position
for the private pecuniary benefit of the public official/public employee himself, any
member of his immediate family, or a business with which he or a member of his
immediate family is associated.
Section 1103(f) of the Ethics Act imposes certain restrictions as to contracting:
§ 1103. Restricted activities
Wesley, 19-012
Page 10
(f) Contract. —No public official or public employee or his
spouse or child or any business in which the person or his
spouse or child is associated shall enter into any contract
valued at $500 or more with the governmental body with which
the public official or public employee is associated or any
subcontract valued at $500 or more with any person who has
been awarded a contract with the governmental body with
which the public official or public employee is associated,
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. In such a case, the public official or public employee
shall not have any supervisory or overall responsibility for the
implementation or administration of the contract. Any contract
or subcontract made in violation of this subsection shall be
voidable by a court of competent jurisdiction if the suit is
commenced within 90 days of the making of the contract or
subcontract.
65 Pa.C.S. § 1103(f).
Section 1103(f) of the Ethics Act provides in part that no public official/public
employee or his spouse or child or business with which the public official/public employee
or his spouse or child is associated may enter into a contract with his governmental body
valued at five hundred dollars or more or any subcontract valued at five hundred dollars
or more with any person who has been awarded a contract with the governmental body
with which the public official/public employee is associated unless the contract is awarded
through an open and public process including prior public notice and subsequent public
disclosure of all proposals considered and contracts awarded.
As noted above, the parties have submitted a Consent Agreement and Stipulation
of Findings. The parties' Stipulated Findings are set forth above as the Findings of this
Commission. We shall now summarize the relevant facts as contained therein.
Wesley served as a Township Supervisor from 2007 until 2019. Wesley served as
either the Chairman or Vice -Chairman of the Township Board of Supervisors ("Board")
from at least 2010 through 2018.
The Township is a Second -Class Township. The Board consists of five Members.
Bills are approved for payment at each regular meeting of the Board. Copies of bill lists
are provided to the Supervisors at the time of the regular meeting. Bill lists generally
identify the Township fund where the money is to be debited from, name of the vendor,
description of the services provided, payment due date, and amount.
Once a bill list is approved by the Township Supervisors, checks are processed
for payment by the Township's Finance Director. No live signatures are used for any
Township -issued checks. Facsimile stamped signatures of the Chairman and
Secretary/Treasurer appear on all Township checks issued after bill lists are approved by
the Board.
Since 2009 Wesley has been employed as a Senior Service Technician with a
company named "Hoffman Services, Inc." (also referred to herein as "Hoffman Services").
Hoffman Services sells, installs, services, and provides parts for automotive lifts.
Wesley is not an officer or principal of Hoffman Services. As a Senior Service
Technician, Wesley is paid a salary by Hoffman Services. Wesley does not receive any
commission on the sale or service of any lifts sold by Hoffman Services.
_Wesie , 19-012
aP ge 11
In or around April 2015 Township Manager John McMenamin ("McMenamin")
authorized Township Public Works Director Joe Condo ("Condo") to contact Hoffman
Services to obtain an estimate for a new vehicle lift at the Township garage.
On April 15, 2015, Hoffman Services provided the Township/Condo with estimates
for a new lift. At or about the same time, Wesley requested that Condo contact other
businesses to purchase the lift. The parties have stipulated that Wesley never directed
Condo to contact Hoffman Services to obtain an estimate, but rather, Wesley discouraged
Condo from utilizing Hoffman Services.
Contrary to Wesley's request, Condo did not contact any other businesses to
obtain quotes for a lift. McMenamin authorized Condo to purchase a new lift from
Hoffman Services without obtaining quotes from other businesses.
On or about June 2, 2015, when Township employees decided to purchase the
new lift, the Township Supervisors had not voted to approve the purchase. The Township
entered into a contract with Hoffman Services absent any public notice prior to the
purchase and without any subsequent public disclosure of all proposals considered.
On or around June 2, 2015, Hoffman Services issued Invoice No. 7117 to the
Township, to the attention of Condo, for the purchase and installation of a new lift and two
"rollingbridges" for the total amount of $17,500.00. Per the Township's standard
operating procedure, this invoice was signed by McMenamin, Finance Director Joe Galdo
("Galdo"), ), and Condo indicating approval.
The amount the Township was charged by Hoffman Services was $4,338.00 less
than the manufacturer price of $21,838.00. Additionally, the total costs incurred by
Hoffman Services for installing the new lift and rolling bridges at the Township totaled
approximately $19,634.04. Hoffman Services estimated a loss of $2,134.04 in relation to
this work, due in part to its failure to quote a cost for removal of the old lift.
The Investigative Division found no evidence of Wesley receiving any type of
financial benefit or commission from Hoffman Services regarding the sale of the lift to the
Township.
At a Board meeting on June 24, 2015, Wesley, as a Township Supervisor,
participated in approving Township Check No. 22252 in the amount of $17,500.00 to
Hoffman Services, Inc. At the time Wesley voted to approve the payment to Hoffman
Services, Wesley was an employee of Hoffman Services.
Galdo applied Wesley's facsimile stamped signature on Township Check No.
22252 as one of the two required authorized signatures for Township checks.
After the lift was installed at the Township, Hoffman Services performed required
inspections of the lift in 2017 and 2018. The decision to use Hoffman Services for the lift
inspections was made by Condo. The Township was billed as follows by Hoffman
Services for lift inspections and parts supplied in 2017 and 2018:
Description
Due Date
Req #
Amount
Vehicle Lift
Inspection
1/26/2017
35911
$400,00
Lifts in Shop
4/13/2017
36377
$220.00
Garage i
Ins ection
6/14/2018
39465
$400.00
At Township meetings on January 25, 2017, and June 13, 2018, Wesley
participated in approving bill lists that included two payments in the amount of $400.0
Wesley,19-012
Page 12
each to Hoffman Services for lift inspections. At the time Wesley voted to approve the
payments, Wesley was an employee of Hoffman Services.
In or around January 25, 2019, the issue of a potential conflict of interest was
raised regarding Wesley's employment with Hoffman Services. Thereafter, the Township
Public Works Department decided to utilize a vendor other than Hoffman Services to
complete the lift inspections.
Having highlighted the Stipulated Findings and issues before us, we shall now
apply the Ethics Act to determine the proper disposition of this case.
The parties' Consent Agreement sets forth a proposed resolution of the allegations
as follows:
The Investigative Division will recommend the following
in relation to the above allegations:
a. That a technical violation of
Section 1103(a) of the Public Official and
Employee Ethics Act, 65 Pa.C.S.
§1103(a), occurred when Keith Wesley,
in his capacity as a Supervisor for Lower
Southampton Township, Bucks County,
voted to approve Township Bill Lists,
authorizing the issuance of payments to
Hoffman Services, Inc., a business with
which he is associated.
The Investigative Division found
no evidence of Wesley receiving
any type of financial benefit or
commission from Hoffman
Services, Inc. regarding the sale
of the lift to the Township.
That no violation of Section 1103( of
the Public Official and Employee Ethics
Act, 65 Pa.C.S. §1103(f), occurred when
Lower Southampton Township entered
into contracts with Hoffman Services, Inc.
absent an open and public process, in
that Wesley did not utilize the authority of
his office to enter into the contract, but
rather authorized payment of invoices
after the contract was negotiated and
services were rendered.
Furthermore, no violation of
Section 1103(f) of the Public
Official and Employee Ethics Act,
65 Pa.C.S. §1103 ft occurred
when Lower Southampton
Township entered into contracts
with Hoffman Services, Inc.
absent an open and public
process, for inspection services,
in that the value of the contract(s)
were less than $500.00 each year.
Wesley,19-012
Page 13
4. Wesleyy agrees to make payment in the amount of
$500.Oo in settlement of this matter payable to the
Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission within thirty
(30) days of the issuance of the final adjudication in this
matter.
Wesley a rees to not accept any reimbursement,
compensation or other payment from Lower
Southampton Township, Bucks County representing a
full or partial reimbursement of the amount paid in
settlement of this matter.
The Investigative Division will recommend that the
State Ethics Commission take no further action in this
matter; and make no specific recommendations to any
law enforcement or other authority to take action in this
matter. Such, however, does not prohibit the
Commission from initiating appropriate enforcement
actions in the event of Respondent's failure to comply
with this agreement or the Commission's order or
cooperating with any other authority who may so
choose to review this matter further.
Consent Agreement, at 1-2.
In considering the Consent Agreement, we accept the recommendation of the
pparties for a finding that a technical violation of Section 1103(a) of the Ethics Act, 65
Pa.C.S. § 1103(a), occurred when Wesley, in his capacity as a Township Supervisor,
voted to approve Township bill lists authorizing the issuance of payments to Hoffman
Services, Inc., a business with which he is associated.
Township staff arranged for Hoffman Services to sell to the Township and install
the new Township vehicle lift. Township staff also arranged for Hoffman Services to
subsequently perform lift inspections for the Township.
Wesley did not participate in selecting Hoffman Services to perform the aforesaid
work for the Township. However, Wesley participated in votes of the Board to approve
payments to Hoffman Services for such work. At a Board meeting on June 24, 2015,
Wesley participated in voting to approve Township check number 22252 in the amount of
$17,500.00 to Hoffman Services, Inc. for the sale and installation of the Township lift and
rolling bridges. At Township meetings on January 25, 2017, and June 13, 2018, Wesley
participated in approving two payments in the amount of $400.00 each to Hoffman
Services for lift inspections.
The Investigative Division found no evidence of Wesley receiving any type of
financial benefit or commission from Hoffman Services, Inc. regardingthe sale of the lift
to the Township, and it would appear from the Stipulated Findings that Hoffman Services
realized a loss from the sale and installation of the Township lift. As for the lift inspections,
as noted above, Wesley participated in approving payments for two inspections at
$400.00 each.
If the parties had not entered into a Consent Agreement, this Commission could
have been faced with an issue of whether the de minimis exclusion to the definition of
"conflict" or "conflict of interest" would be applicable in this case. However, given that the
parties have agreed to the finding of a technical violation of Section 1103(a) of the Ethics
Wesley, 19-012
Page 14
Act as part of an overall settlement of this case, we shall accept the parties`
recommendation.
Accordingly, we hold that per the Consent Agreement of the parties, a technical
violation of Section 1103(a) of the Ethics Act, 65 Pa.C.S. § 1103(a}, occurred when
Wesley, in his capacity as a Township Supervisor, voted to approve Township bill lists
authorizing the issuance of payments to Hoffman Services, Inc., a business with which
he is associated.
We aggree with the parties that Wesley did not violate Section 1103(f) of the Ethics
Act, 65 Pa.C.S. § 1103f), when the Township entered into contracts with Hoffman
Services, Inc. absent an open and public process, in that Wesley did not enter into the
contracts, but rather, authorized payment of invoices after the contracts were negotiated
and services were rendered.
In Bixler v. State Ethics Commission, 847 A.2d 785 (Pa. Cmwlth. 2004), the
Commonwealth ourt of Pennsylvania held that a township supervisor did not violate
Section 1103(f) of the Ethics Act when a business that employed him entered into a
contract in excess of $500 with his township without an open and public process, but the
supervisor himself was neither a party to the contract nor a principal of the contracting
business. The Court determined that Section 1103(f) of the Ethics Act prohibited the
conduct of entering into the contract under such circumstances. See also, Means,
Opinion 04-007.
Similarly, in the instant matter, Wesley did not enter into the contracts between the
Township and Hoffman Services. Wesley was neither a party to such contracts nor a
principal of Hoffman Services.
Therefore, we hold that Wesley did not violate Section 1103(f) of the Ethics Act,
65 Pa.C.S. § 1103(f), when the Township entered into contracts with Hoffman Services,
Inc. absent an open and public process, in that Wesley did not enter into the contracts,
but rather authorized payment of invoices after the contracts were negotiated and
services were rendered.
Additionally, no violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f),
occurred when the Township entered into contracts with Hoffman Services, Inc., absent
an open and public process, for inspection services, in that the value of each such
contract was less than $500.00.
As part of the Consent Agreement, Wesley has agreed to make payment in the
amount of $500.00 in settlement of this matter payable to the Commonwealth of
Pennsylvania and forwarded to this Commission within thirty (30) days of the issuance of
the final adjudication in this matter.
Wesley has also agreed to not accept any reimbursement, compensation or other
payment from the Township representing a full or partial reimbursement of the amount
paid in settlement of this matter.
We determine that the Consent Agreement submitted by the parties sets forth a
proper disposition for this case, based upon our review as reflected in the above analysis
and the totality of the facts and circumstances.
Accordingly, per the Consent Agreement of the parties, Wesley is directed to make
payment in the amount of $500.00 payable to the Commonwealth of Pennsylvania and
forwarded to this Commission by no later than the thirtieth (30t") day after the mailing date
of this adjudication and Order.
Per the Consent Agreement of the parties, Wesley is further directed to not accept
Wesle , 19-012
Page 15
any reimbursement, compensation or other payment from the Township representing a
full or partial reimbursement of the amount paid in settlement of this matter.
Compliance with the foregoing will result in the closing of this case with no further
action by this Commission. Noncompliance will result in the institution of an order
enforcement action.
IV. CONCLUSIONS OF LAW:
1. As a Township Supervisor for Lower Southampton Township ( Townshi ), Bucks
County, Pennsylvania, from 2007 until 2019, Respondent Keith Wesley "Wesley")
was a public official subject to the provisions of the Public Official and tmployee
Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1101 et seq.
2. Per the Consent Agreement of the parties, a technical violation of Section 1103(a)
of the Ethics Act, 65 Pa.C.S. § 1103(a), occurred when Wesley, in his capacity as
a Township Supervisor, voted to approve Township bill lists authorizing the
issuance of payments to Hoffman Services, Inc., a business with which he is
associated.
3. Wesley did not violate Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), when
the Township entered into contracts with Hoffman Services, Inc. absent an open
and public process, in that Wesley did not enter into the contracts, but rather
authorized payment of invoices after the contracts were negotiated and services
were rendered.
4. No violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred
when the Township entered into contracts with Hoffman Services, Inc., absent an
open and public process, for inspection services, in that the value of each such
contract was less than $500.00.
In Re: Keith Wesley, File Docket: 19-012
Respondent Date Decided: 6/22/20
Date Mailed: 7/1/20
ORDER NO. 1775
Per the Consent Agreement of the parties, a technical violation of Section 1103(a)
of the Public Official and Employee Ethics Act ("Ethics Act"), 65 Pa.C.S. § 1103(a),
occurred when Keith Wesley ("Wesley"), as a Township Supervisor ffor Lower
Southampton Township ("Township"), Bucks County, Pennsylvania, voted to
approve Township bill lists authorizing the issuance of payments to Hoffman
Services, Inc., a business with which he is associated.
2. Wesley did not violate Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), when
the Township entered into contracts with Hoffman Services, Inc. absent an open
and public process, in that Wesley did not enter into the contracts, but rather
authorized payment of invoices after the contracts were negotiated and services
were rendered.
3. No violation of Section 1103(f) of the Ethics Act, 65 Pa.C.S. § 1103(f), occurred
when the Township entered into contracts with Hoffman Services, Inc., absent an
open and public process, for inspection services, in that the value of each such
contract was less than $500.00.
4. Per the Consent Agreement of the parties, Wesley is directed to make payment in
the amount of $500.00 payable to the Commonwealth of Pennsylvania and
forwarded to the Pennsylvania State Ethics Commission by no later than the
thirtieth (30th) day after the mailing date of this Order.
5. Per the Consent Agreement of the parties, Wesley is directed to not accept any
reimbursement, compensation or other payment from the Township representing
a full or partial reimbursement of the amount paid in settlement of this matter.
6. Compliance with Paragraphs 4 and 5 of this Order will result in the closing of this
case with no further action by this Commission.
a. Non-compliance will result in the institution of an order enforcement action.
BY THE COMMISSION,