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HomeMy WebLinkAbout1775 WesleyPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 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,