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Home My WebLink About360 ZvorskyMs. Patsy Ann Zvorsky West Brunswick Township Auditor R.U. #1 Orwigsburg, PA 17961 Re: No. 84 -59 -C STATE ETH CS COMMISSION 308 FINANCE BUILDING HARRISBURG, PENNSYLVANIA 17120 ORDER OF THE COMMISSION January 25, 1985 Order No. 350 Dear Ms. Zvorsky: The State Ethics Commission has received a complaint regarding you and a possible violation of Act 170 of 1978. The Commission has now completed its investigation. The individual allegations, conclusions, and findings on which those conclusions are based are as follows: That as an Auditor.in West Brunswick Townshi to a P, you voted to fix the compensation for the Township pay your husband who serves the Township as Supervisor and as laborer (equipment operator) and that this action violates Section 3(a) of the Ethics Act, 65 P.S. 403(a). A. Findings: 1. You were elected as an auditor in New Brunswick Township, hereinafter, the Township, as of November, 1983, and as such you are a public official subject to the provisions of the Ethics Act. 2. Your husband, Joseph, serves as a Supervisor in the Township. 3. The minutes of the Township Supervisors' re- organization meetings from 1981 - 1984 reveal the following with respect to the salaries and appointment of Township Supervisors as workers: Ms. Patsy Ann Zvorsky January 25, 1985 Page 2 a.(1) Date of meeting: January 5, 1981 (2) Personnel hiring by Supervisors: Position - Name Motion Second Vote Heavy Equipment Operator Samuel Boyer Davenport Knowles 3 ayes Truck Driver /Laborer George Zvorsky Boyer Knowles 3 ayes (3) Recommendations on salary increases made to auditors with respect to these positions were as follows: Position Amount Second Vote Road Superintendent 14% incr & Heavy Equipment Operator from 1980 Boyer 3 ayes Truck Driver /Laborer 14% increase from 1980 b.(1) Date of meeting: January 4, 1982 (2) Personnel hiring by Supervisors: Position Second Vote Davenport 3 ayes Boyer 3 ayes (3) Recommendations on salary increases made to auditors with respect to these positions were as follows: Heavy Equipment Operator Truck Driver /Laborer Position Road Superintendent & Heavy Equipment Operator Truck Driver /Laborer Appointed Sam Boyer Arlan Beck Amount Motion Knowles Knowles Motion Knowles Knowles Motion 8% increase Knowles from 1981 or $7.19 & $6.97/hr respectively same as 1981 or $6.10 /hr Knowles Boyer 3 ayes Second Vote Boyer 3 ayes Boyer 3 ayes Ms. Patsy Ann Zvorsky Page 3 January 25, 1985 c.(1) Date of meeting: January 3, 1983. (2) Personnel hiring by Supervisors. Position - Appointed Motion Second Vote Heavy Equipment Operator Samuel Boyer Knowles Davenport 3 ayes Truck Driver /Laborer Arlan Beck Knowles Boyer 3 ayes (3) Recommendations on salary increases made to auditors with respect to these positions were as follows: Position Amount Motion Second Vote Road Supervisor & 5% increase Knowles Boyer 3 ayes Heavy Equipment Operator from 1982 or $7.55 & $7.32/hr each Truck Driver /Laborer 5% increase from Knowles Boyer 3 ayes 1982 or $6.41 /hr d.(1) Date of meeting: January 3, 1984. (2) Personnel hiring by Supervisors. Position Appointed Motion Second Vote Heavy Equipment Operator Samuel Boyer Zvorsky Boyer 2 ayes Joseph Zvorsky Knowles no Truck Driver /Laborer Knowles (declined for health reasons) Beck Zvorsky Knowles 3 ayes (3) Recommendations on salary increases made to auditors with respect to these positions were as follows: Position Amount Motion Second Vote Heavy Equipment Operator 7% increase Zvorsky Knowles 3 ayes from 1983 Truck Driver /Laborer 7% increase from Zvorsky Knowles 3 ayes 1983 or $6.86 /hr Ms. Patsy Ann Zvorsky January 25, 1985 Page 4 4. The minutes of the meetings of the Township auditors for the years 1981 - 1984 reveal the following: a. (1) Date of meeting: January 6, 1981. (2) Action with respect to basic salary of Supervisors serving as Township employees /workers: approved the recommended 14% increase in hourly rate of pay. b. (1) Date of meeting: January 5, 1982 (2) Action with respect to basic salary of Supervisors serving as Township employees /workers: approved the recommended 8% increase in hourly rate of pay. c. (1) Date of meeting: January 4, 1983. (2) Action with respect to basic salary of Supervisors serving as Township employees /workers: approved the recommended 5% increase in hourly rate of pay. d. (1) Date of meeting: January 4, 1984 (2) Action with respect to basic salary of Supervisors serving as Township employees /workers: approved a 5% increase instead of the recommended 7% increase (see No. 3, d(3) above) in hourly rate of pay. (3) Vote on above motion was 2 -1, you voted "aye" and auditor Heim voted "no." 5. You state that you voted "aye" on the pay increase for 1984 (See No. 4, d, above) because: a. The rate of pay would then be fair in comparison to wages paid in the Township for similar work. b. The question of an increase in pay was submitted as a "package" in that your husband's increase was not separated out so that it could be voted on separately. c. If the pay increase package was to be voted on as a package and defeated, then you felt that Sam Boyer, who had worked for the Township for twenty years, and who deserved the increase would be unfairly penalized and required to go without any or the recommended increase. d. You feel that the auditors should not allow partisan politics to play a part in settiny cc'^rpensation for the supervisors and that the auditor not voting for the increase, Ms. Heim, who was of the opposite political party to all of the newly appointed Township employees, was doing just that. Ms. Patsy Ann Zvorsky January 25, 1985 Page 5 6. As of April 5, 1984, your husband, who had been laid off from his regular job was recalled and resigned from serving as a heavy equipment operator for the Township. B. Discussion: As an elected official you must observe Section 3(a) of the Ethics Act which states: 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). The Commission has ruled that Section 3(a) requires a County official serving as a member of the County Salary Board to abstain on votes for salary increases for the spouse of the official. Leete, 82 -005. There is no doubt that this same principle applies here. You should have abstained from voting as an auditor with respect to setting your husband's salary as a Township employee. The fact that the question of salary increases was presented to the auditors as a "package" does not justify your vote. You could have and should have insisted that the wage increase be considered separately and then abstained with respect to the auditor's consideration of the rate to be paid to your husband for serving as a heavy equipment operator for the Township. However, because your husband has now resigned from this role and given the relatively short period of time he served in this capacity after your vote Y4- January 4, 1984 to April 5, 1984 -- we will take no further action in this matter. Conclusion: You violated Section 3(a) of the Ethics Act but under these circ� umstances we will take no further action in this matter. Our files in this case will remain confidential in accordance with Section 8(a) of the Ethics Act, 65 P.S. 408(a). However, this Order is final and will be made available as a public document 15 days after service (defined as mailing) unless you file documentation with the Commission which justifies reconsideration and /or challenges pertinent factual findings. See 51 Pa. Code 2.38. During this 15 -day period, no one, including the Respondent unless he waives his right to challenge this may violate this confidentiality by releasing, discussing or circulating this Order. Ms. Patsy Ann Zvorsky Page 6 January 25, 1985 Any person who violates the confidentiality of a Commission proceeding is guilty of a misdemeanor and shall be fined not more than $1,000 or imprisoned for not more than one year or both, see 65 P.S. 409(e)r SSC /na the C. mis erbe B. Conner Cha' man